RENT OVERCHARGE

Landlord Collected Renewal Increase Without Executed Renewal Lease

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,228, including triple damages. Landlord appealed and lost. Landlord claimed that there was no willful...

No Fraud Found in Connection with Rent Registrations or IAIs

August 24, 2018    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding that the rent was frozen at $1,925 per month when tenant moved in on Nov. 1, 2013, based on landlord...

Court Permits Review of Pre-Base Date Rent History

August 24, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and rent fraud warranting review of the apartment's rent history going back more than four years. The court agreed and granted...

Rent-Stabilized Rent Frozen Based on Missing Annual Rent Registrations

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $740, including interest. Landlord appealed and lost. The overcharge finding was based on a rent freeze...

1989 Rent Reduction Order Froze Tenant's Monthly Rent at $278

August 22, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and pointed out that a 1989 DHCR rent reduction order was still in effect since a 1994 rent restoration application...

Court Affirms DHCR Finding of No Fraud and No Rent Overcharge

August 21, 2018    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Rent-stabilized tenant complained of...

Court Finds Rent Overcharge of $83,669 for Tenant of Improperly Deregulated Apartment

August 21, 2018    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Tenant moved into the apartment in 1999 at a monthly rent of $1,400. In 2017, landlord advised tenant that her lease wouldn't be...

No Triple Damages for Overcharge Based on Partial Disallowance of IAIs

August 21, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,648, including interest. Tenant appealed and lost. Tenant claimed that the overcharge was willful and...

Landlord Didn't Preserve Higher Legal Rent in Vacancy Lease

August 21, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord failed to preserve the higher legal regulated rent in tenant's vacancy lease, resulting in a rent overcharge....

Substantial Increase in Rent Based on IAIs Didn't Indicate Fraud

August 21, 2018    

Rent-stabilized tenant complained of rent overcharge, and claimed fraud in how landlord set the rent. Tenant moved into the apartment in 2016 under a one-year vacancy lease charging a legal regulated rent of $3,177...

Landlord Charged Vacancy Increase When Tenant's Spouse Added as Co-Tenant

August 21, 2018    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord collected illegal fees and surcharges. The DRA ruled for tenant and ordered landlord to refund $11,660, including triple damages. Landlord...

Tenant Never Appealed DHCR Rent Overcharge Decision Naming Incorrect Owner

August 11, 2018    

Former rent-stabilized tenant sued building owner and asked the court to correct a 2008 DHCR rent administrator's order. In 2008, the DRA ruled that JPR Zito was the building owner and must refund rent...

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