RENT OVERCHARGE

Landlord Properly Collected Rent Surcharges for Appliances

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge based on air conditioner and washing machine surcharges collected by landlord. Tenant claimed that she had the appliances for 34 years, but landlord started...

No Proof of Fraud or Rent Overcharge to Rent-Stabilized Tenant

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord committed fraud to deregulate the apartment. But the DHCR found...

Rent Administrator Mistakenly Disregarded Landlord's Proof of IAIs

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $100,500, including interest. Tenant appealed, claiming that the DRA should have assessed triple damages. Landlord...

Tenant's Apartment Improperly Deregulated Based on Fraud

December 20, 2017    

Tenant complained of rent overcharge and that her apartment had been fraudulently deregulated. Landlord claimed that the apartment was unregulated. The DRA ruled for tenant, finding that landlord had engaged in a...

Landlord's Proof of IAIs Was Insufficient

December 20, 2017    

Tenant complained of rent overcharge. Landlord claimed that the apartment was permanently exempt since 2010. The DRA ruled for tenant, found that the apartment was rent stabilized, and ordered landlord to refund $65,...

Tenant's Rent Frozen Based on Rent Reduction Order

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,870, including interest. The DRA found an overcharge and froze tenant's rent based on a 2011 rent...

DHCR Won't Accept Proof of IAIs Submitted for First Time on Appeal

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $75,000, including triple damages and interest. Landlord appealed and lost. Landlord never responded to the DRA's...

Apartment Remained Rent Stabilized While Building Got J-51 Benefits

December 20, 2017    

Tenant complained of rent overcharge. Landlord claimed that the apartment was permanently exempt on the base date due to high-rent vacancy deregulation. The DRA ruled for tenant, found that tenant was rent stabilized...

Landlord Didn't Document Cost of IAIs

December 20, 2017    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvements (IAI) audit and asked for proof justifying IAI rent increases collected by landlord. Landlord submitted some records, and...

No Triple Damages Where Landlord Bought Building After Judicial Sale

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and froze the collectible rent for the apartment based on a rent reduction order issued in 2012, made effective Aug. 1, 2011, that was...

Correction of Error in Setting Base Rent Date Results in No Overcharge Finding

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,000, including triple damages. Landlord appealed and won. The DRA's order incorrectly states that the base rent...

DHCR Finds Fraud in Landlord's Deregulation of Apartment Rent

December 20, 2017    

Tenant complained of rent overcharge. Landlord argued that the apartment was vacancy deregulated as of the base rent date four years before tenant filed her complaint. The DRA ruled for tenant, found that tenant was...

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