RENT OVERCHARGE

Landlord Mistakenly Deregulated J-51 Building Apartment Before 2009

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and directed landlord to refund $11,308, including interest and triple damages. Landlord appealed and won in part. Landlord had...

HSTPA Rent Overcharge Provisions Didn't Apply to Complaint

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant prior to HSTPA enactment and ordered landlord to refund $15,259, including interest and triple damages. Tenant appealed, claiming that...

Landlord Knew About Rent Reduction Order and Willfully Overcharged Tenant

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $3,700, including triple damages. Landlord appealed and lost. Landlord claimed that there was no...

Triple Damages Didn't Apply for Period of Rent Overcharge in Pre-HSTPA Case

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and directed landlord to refund a total overcharge of $2,792, including interest. Tenant appealed and lost. Tenant claimed that...

No Overcharge Where Missing Registrations Filed Before Ruling

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,828, including interest. Landlord and tenant both appealed. Landlord argued that any overcharge was...

Rent Overcharge Results from Pre-Base Date Rent Reduction Order

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $20,625, including triple damages. Landlord appealed and lost. Landlord contested that portion of...

Default Formula Didn't Apply to Rent Overcharge Claim

October 27, 2021    

Tenants sued landlord, claiming improper apartment deregulation and rent overcharge based on a fraudulent scheme to deregulate. They asked the court to set legal rents based on a default formula found in the Rent...

Court Can Apply Default Formula to Determine Legal Rents in Class Action by J-51 Tenants

September 27, 2021    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization, and a declaration that their legal regulated rents should be calculated according to Rent...

Default Formula Can't Be Used to Decide Tenant's Rent Overcharge Claim

September 27, 2021    

Landlord sued tenant for nonpayment of rent. In response, tenant claimed rent overcharge, asked the court to utilize the default formula in determining the apartment rent, and sought pre-trial document production. In...

Housing Court Settlement Didn't Prevent Rent Overcharge Finding

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge based on outstanding rent reduction orders. The DRA ruled for tenant and found the overcharge was willful. Although rent restoration orders had been issued in...

No Willful Overcharge Where Landlord Followed pre-Roberts DHCR Policy

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,924, with interest. Landlord had refunded more than this amount to tenant in response to the complaint...

Landlord's Application of Overcharge Refund to Security Deposit Tenant Owed Didn't Void Triple Damages

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund a total of $386, including triple damages. In 2017, landlord had increased tenant's monthly...