RENT OVERCHARGE

Overcharge Claim Based on Rent Concessions Given at Time of Initial 421-a Rentals

December 22, 2021    

Tenants in a 421-a building sued landlord, claiming rent overcharge. Tenants argued that landlord engaged in a "preferential rent" ruse by charging initial 421-a program rents at rates lower than the...

Failure to Follow 2009 Roberts Ruling on Deregulation Didn't Constitute Fraud by Landlord

December 22, 2021    

Tenant complained of rent overcharge and improper deregulation in 2016. In 2014, tenant had moved into a building that received J-51 tax benefits between 2005 and 2017, at an initial rent of $3,750. The DRA ruled...

DHCR Substantially Reduces Overcharge Award After Regina Court Sets Calculation Method

December 22, 2021    

Landlord gave new tenants a deregulated lease in 2005 after removing the apartment from rent stabilization in 2003 under the Rent Stabilization Law's vacancy decontrol provisions. At the time, and until 2013, the...

No Proof Rent Charged Was Preferential Rent

December 21, 2021    

Rent-stabilized tenant complained in 2018 of rent overcharge and an improper renewal lease offer. The DRA found no overcharge but noted that the legal regulated base date rent for tenant's Feb. 1, 2016, renewal...

Small Overcharge Resulted From Late Fees and Lump-Sum MCI Arrears

December 21, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. Tenant moved into the apartment in 1991 at a monthly rent of $400. By the time of his complaint, tenant paid $805 per month. Tenant claimed that the...

No Triple Damages for Overcharge Due to Mistaken Deregulation in J-51 Building

December 21, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $7,413, including interest and triple damages. Landlord appealed and challenged the triple damage...

Waiver Rule Not Applied in Calculation of Rent Overcharge in 421-g Building

December 21, 2021    

Tenant complained in October 2019 of rent overcharge. Tenant moved into the apartment on Nov. 1, 2014, and paid an initial rent of $7,775 under a one-year lease. The building received 421-g tax benefits that...

Incorrect IAI Rent Increase Calculation Wasn't a Willful Overcharge

December 21, 2021    

The DHCR's Tenant Protection Unit (TPU) referred a rent overcharge complaint to the DRA after an audit investigation determined that the legal rent registered for an apartment wasn't fully substantiated. The...

Rent Overcharge Determined Under Default Formula Using DHCR Sampling Method

November 22, 2021    

Tenant complained to the DHCR in 2017 of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, finding that the apartment was rent stabilized. Due to landlord's failure to submit a lease...

Landlord Avoided Triple Damages by Timely Overcharge Refund

November 22, 2021    

Rent-stabilized tenant complained to the DHCR of rent overcharge and improper apartment deregulation in 2016. Landlord answered that it reasonably believed the apartment had been vacancy deregulated before tenant...

No Triple Damages for Overcharge Based on Rent Reduction Order

November 22, 2021    

Rent-stabilized tenant complained in 2017 of rent overcharge based on landlord's failure to comply with a 2006 rent reduction order. The DRA ruled for tenant and ordered landlord to refund $38,114, including...

IAIs Apparently Paid by Landlord to Contractor with Identity of Interest

November 22, 2021    

Tenants complained in 2017 of rent overcharge and improper deregulation of their apartment. The DRA ruled for tenants in part, finding that the unit was rent stabilized because the building received J-51 tax benefits...