RENT OVERCHARGE

Landlord Omitted Legal and Preferential Rents from One Lease

March 27, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,680, including triple damages for willful rent overcharge. Landlord appealed and won, in part. The DHCR...

Apartment Improperly Deregulated During Receipt of J-51 Tax Benefits

March 27, 2018    

Tenant complained of rent overcharge, claiming that landlord had improperly deregulated his apartment in a J-51 building. The DRA ruled for tenant, finding the base date rent of $1,925 was legal but that there had...

No Rent Overcharge for Tenant in J-51 Building

March 27, 2018    

Rent-stabilized tenant complained of rent overcharge. Under tenant's vacancy lease in April 2013, she was charged a legal monthly rent of $3,310 and a preferential rent of $2,830. Tenant claimed that the...

Tenant's Legal Rent Reduced to Preferential Rent

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that tenant's July 2014 renewal lease showed the legal regulated rent to be $883. This wasn't listed as a preferential...

Overcharge Limited to Periods Where Tenant Submitted Proof of Rent Payment

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,500 for the period between Jan. 1, 2014, through Dec. 31, 2015. Tenant appealed and lost. Tenant...

No Fraud by Landlord Where Tenant Paid Same Rent Since Base Rent Date

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant paid $1,150 per month on the base rent date and landlord never collected more than that amount since...

Rent Overcharge Resulted from Pre-Base Date Rent Reduction Order

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant based on a pre-base date rent reduction order, which froze the collectible rent on the base date until landlord filed for and obtained a...

DHCR Determined Rent Overcharge Claim Based on Submitted Rent Ledgers

March 26, 2018    

Tenants complained to the DHCR of rent overcharge. In response, landlord submitted a rent ledger covering rent payment periods through July 2016. The DRA then asked tenants for an updated statement of rent payments,...

Rent Overcharge Based on Rent Reduction Order Found Willful

March 26, 2018    

Tenant sued landlord for rent overcharge, claiming that landlord collected full rent while a 1993 DHCR rent reduction order was in effect. Landlord pointed out that the DHCR issued a rent restoration order in 2015...

421-a Rent Surcharge Wasn't Included in Base Rent

March 26, 2018    

Rent-stabilized tenant of a building receiving 421-a tax benefits complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $447, including interest. Tenant appealed and lost. Tenant...

Base Date Rent Reduced to Preferential Rent

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA asked landlord to submit a copy of tenant's lease predating the February 2012 base rent date because tenant paid a preferential rent rather than the...

Base Rent Set Using Average of Comparable Rents

March 26, 2018    

Tenant complained of rent overcharge by the building's 7A Administrator. The DRA ruled for tenant and ordered landlord to refund $11,858, including interest. Since there were no rent history records for the...

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