RENT OVERCHARGE

Court Applies HSTPA Amendments to Rent Overcharge Claim in Pending Case

October 23, 2019    

Landlord sued to evict SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for tenant. Landlord's failure to register the apartment barred...

New Owner Not Responsible for Triple Damages Chargeable to Net Lessee

October 23, 2019    

Tenants sued landlords in 2013  for rent overcharge and improper deregulation of their apartments. The court found that tenants were rent stabilized, that there were overcharges based on fraud, and that triple...

Class Action Sent Back for Recalculation of Rent Overcharges Based on 2019 Rent Law Amendments

October 22, 2019    

Tenants sued landlord in a 2009 class action, claiming rent overcharge and wrongful deregulation of apartments while landlord received J-51 tax benefits starting in July 2003, and for failing to return previously...

Landlord Must Refund Over $147,000 for Rent Overcharge Based on Fraud

October 21, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $147,045, including triple damages and interest. Landlord appealed and lost. Landlord...

Rent Overcharge of Over $179,000 Due to Outstanding Rent Reduction Order

October 21, 2019    

Tenants complained of rent overcharge. The DRA ruled for tenants and found a total overcharge of $179,550 with triple damages and interest. Tenant appealed and lost. Rent Stabilization Code (RSC) Section 2526.1, in...

No Overcharge Where Base Rent Set by HPD After Building's Exit from Mitchell-Lama

October 21, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and won. Landlord showed that the building previously was subject to the Mitchell-Lama program but exited that program in early 2016....

Complaint Dismissed Where No Rent Fraud or Rent Overcharge Found

October 21, 2019    

Yonkers ETPA tenant complained in 2018 of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the base date rent was $1,250 per month, paid by prior tenant. The apartment was then...

Rent Reduction Order Froze Rent at Preferential Rent

October 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $357, which had already been refunded through a rent credit. Landlord appealed and lost. The DRA found...

Landlord Didn't Overcharge Former Tenant's Roommate

October 21, 2019    

Apartment tenant complained of rent overcharge. He claimed that he had succession rights and that landlord improperly charged him a vacancy increase instead of a renewal increase when landlord gave him a lease after...

Landlord Didn't Prove Tenant Was Charged Preferential Rent

September 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,521, including triple damages. Landlord appealed and lost. Landlord failed to prove that tenant had a...

Tenant's Legal Rent Reduced Based on Improper Rent Discount Clause in Lease

September 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord argued that the legal regulated rent on the base date was $1,872, while the $1,400 rent paid by...

Court Freezes Legal Rent at Last Reliable Registered Rent

September 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant and later calculated the amount of the overcharge by applying the June 2019 amendments...