RENT OVERCHARGE

Painting and Sheetrock Excluded from Approved IAI Costs

June 27, 2017    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment. Landlord submitted proof in support of IAIs performed in 2013 before a vacancy rent...

Landlord Must Contact DOF to Determine How to Refund SCRIE Tenant

June 27, 2017    

Rent-stabilized tenant complained of rent overcharge based on a prior rent reduction order that froze the collectible rent to $621 from June 1, 2011, to September 2016 when rent was restored. The DRA ruled for tenant...

Overcharge Resulting from Improper Deregulation Results in Triple Damages

June 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $8,500, including triple damages and interest. But no refund was due because tenant owed landlord back rent of $14,550....

No Fraud Found in Case Where There Was No Overcharge

June 27, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge and no indication of fraud warranting review of pre-base date rent history. The DRA also directed landlord to...

DHCR Properly Ordered Inspection to Confirm Whether IAIs Were Done

June 26, 2017    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment and found that landlord didn't prove costs to support the $312 IAI rent increase....

Landlord Not Required to Seek Lowest Cost for IAIs

June 26, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89, including interest. Tenant appealed and lost. The DRA had calculated the legal rent based on a vacancy increase,...

Triple Damages Charged for Overcharge Based on Rent Reduction Order

June 26, 2017    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord continued to collect full rent despite issuance of a rent reduction order based on a reduction in required services. The DRA ruled for...

Landlord Properly Increased Rent-Stabilized Tenant's A/C Surcharge

June 26, 2017    

Rent-stabilized tenant complained of rent overcharge, specifically because landlord increased his air conditioner surcharge from $27.89 to $36.63 in September 2014. The DRA ruled against tenant, finding no overcharge...

No Fraud Found in Landlord's Setting of Pre-Base Date Rent

June 20, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning. The court ruled against tenant and dismissed the case. The...

16-Year Longevity Increase Properly Applied

May 29, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages and attorney's fees. Landlord appealed and lost. Among other things, the DHCR found...

Amended Rent Stabilization Code Provision Applied to Determine Legal Rent

May 29, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $40,600, including interest and minus a partial refund made by prior landlord. Landlord appealed and won,...

No Proof Apartment Was Fraudulently Deregulated

May 29, 2017    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord had fraudulently deregulated the...

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