RENT OVERCHARGE

Case Reopened to Permit Proof for Setting Base Rent Under Default Formula

September 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper deregulation of a rent-stabilized apartment and rent overcharge. The trial court ruled for tenant, finding that the base date rent was...

Landlord Properly Set Rent-Stabilized Rent

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2015. She moved into the apartment in 2011 at a monthly rent of $1,800, following a long period where the apartment had been registered as owner occupied....

Landlord Didn't Properly Reduce Rent Upon Transfer to Electrical Exclusion

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2012. He had lived in the apartment since 1976, and his initial monthly rent of $650 included a $100 charge for five air conditioners (at $20 each) installed by...

No Proof of Fraud to Warrant Extended Lookback Period

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant argued that the DRA failed to investigate a rent increase in...

Triple Damages Reduced After Correcting Improper Application of HSTPA

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in January 2020, applying a six-year base date and triple damages. The DRA ordered landlord to refund $18,225.

Triple Damages on Overcharge Reduced Based on Regina Case

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant in September 2019 and applied a six-year base date to the complaint based on HSTPA changes to the Rent Stabilization Law...

Landlord Didn't Reduce Legal Rent While Complaint Was Pending

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in October 2019, applying a six-year lookback period based on HSTPA changes to rent overcharge law. The DRA ordered landlord to...

Rent Overcharge Due to Discounted IAI Rent Increases Wasn't Willful

September 26, 2020    

Tenant complained of rent overcharge in 2010. The DRA ruled against tenant, who appealed and won in part. The DHCR disallowed some of landlord's claimed individual apartment improvements (IAIs), which had been...

Preferential Rent Was Still Less Than Legal Rent After Disallowed IAIs

September 25, 2020    

Rent-stabilized tenant complained of rent overcharge in 2015. She claimed that landlord fraudulently charged her, the first rent-stabilized tenant after rent control, a legal regulated rent of $1,900 per month and a...

Overcharge Lookback Period Limited to Four Years

September 25, 2020    

Tenant complained of improper apartment deregulation and rent overcharge. She claimed that landlord improperly claimed excessive costs for individual apartment improvements (IAIs) in its Notice of Deregulation when...

DHCR Can't Re-examine Rent History Period Covered in Prior DHCR Overcharge Order

September 25, 2020    

(Decision submitted by attorney Paola Arzeno-Barbano of the Manhattan law firm of Kossoff, PLLC, attorneys for the landlord.)

Tenant complained of rent overcharge. The DRA ruled against tenant,...

Application of Time Period for Overcharge Lookback Requires More Factfinding

September 22, 2020    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed rent overcharge. Landlord then discontinued the eviction claim, but the court considered tenant's request to...