RENT OVERCHARGE

Court Will Reconsider Whether Rent Concessions for Initial 421-a Tenants Were Improper

March 27, 2023    

Rent-stabilized tenants of landlord's building together sued landlord claiming rent overcharge. Their building was constructed between 2014 and 2016 and was enrolled in the RPTL 421-a tax benefit program. Tenants...

Overcharge Case Sent Back to DHCR for Further Investigation

March 24, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment, which was located in a building that had received J-51 tax benefits. The DHCR ruled for tenant in part. Tenant then...

Landlord Had Improperly Deregulated Tenant's Apartment

March 23, 2023    

An unregulated tenant complained of rent overcharge and fraudulent deregulation in 2017. The DRA ruled for tenant and ordered landlord to refund $64,390, including interest. Landlord appealed to the DHCR and lost (...

Default Formula Applied to Overcharge Calculation Where No Base Date Lease Submitted

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $21,443, including triple damages. Landlord appealed and lost. The DRA correctly determined that...

Landlord Avoided Pre-HSTPA Triple Damages by Giving Tenant Rent Credit

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA found that the base date rent was lawful but that there were subsequent overcharges. The DRA ruled for tenant and ordered landlord to refund the...

Pre-Base Date IAIs Sufficiently Documented and Didn't Show Rent Fraud

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in early 2019. The DRA found that the four-year base date rent of $2,050 per month was legal but froze that rent based on landlord's failure to file annual...

Landlord's Unlawful On-Time Rent Provision Resulted in Willful Rent Overcharge

March 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2016 of rent overcharge based on a higher rent charged when tenant paid her monthly rent late. The DRA ruled for tenant and ordered landlord to refund $3,915,...

Triple Damages Revoked in Pre-HSTPA Overcharge Case

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge prior to June 14, 2019. The DRA ruled for tenant and ordered landlord to refund $1,936, including triple damages and interest. Landlord appealed and won, in part....

Landlord Failed to Prove It Submitted IAI Documentation to the DRA

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including triple damages and interest. Landlord appealed and lost. Although landlord...

Court Reopens Case Where 421-a Tenants Claim Improper Preferential Rents

February 22, 2023    

Tenants of a 421-a building sued landlord for rent overcharge and sought injunctive relief. They claimed that landlord violated the Rent Stabilization Law and Code in 2014 when initial legal regulated rents were...

Triple Damages Didn't Apply to Overcharge Refunded in Response to Pre-HSTPA Complaint

February 22, 2023    

Rent-stabilized tenant complained of a rent overcharge in 2018 that he argued resulted from landlord's claimed individual apartment improvement (IAI) costs. Landlord agreed there was an overcharge and refunded...

Landlord Didn't Document Preferential Rent in Renewal Leases

February 22, 2023    

A Yonkers rent-stabilized tenant filed a specific rent overcharge complaint with the DHCR in 2018. He argued that his 2015 vacancy lease set forth a legal regulated rent (LRR) of $957 per month and a preferential...