RENT OVERCHARGE

No Prospective Rent Overcharge Found After Late Rent Registrations Filed

August 28, 2017    

Tenant sued landlord in May 2016, seeking a judgment that he was rent stabilized and that he'd been overcharged. Tenant claimed that landlord owed him $139,000 plus triple damages, interest, and attorney's...

Landlord Proved DRA's Miscalculation of Rent Overcharge

August 27, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $4,275, including triple damages. Landlord appealed and won. Landlord showed that tenant was receiving...

Apartment Was Properly Deregulated After J-51 Benefits Expired

August 27, 2017    

Tenant complained of rent overcharge, claiming that the building received J-51 benefits and his apartment was improperly deregulated. The DRA ruled against tenant, finding that the building's J-51 benefits had...

Default Formula Improperly Applied

August 27, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, using the DHCR's default formula because landlord submitted no base date lease. The DRA ordered landlord to refund $98,715,...

No Rent Overcharge Found After Reconsideration

August 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord owed tenant $7,453 plus interest. Since landlord already had refunded $9,189 to tenant, the DRA found that no further refund was...

DHCR Can't Inspect IAIs Installed Before Base Rent Date

August 27, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,980, with interest. Tenant appealed and lost. Tenant claimed that there was insufficient evidence of...

Landlord Didn't List Higher Legal Rent and Preferential Rent in Leases

August 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant, finding that the monthly base date rent was $1,530, which was the amount charged and paid by tenant four years before filing his complaint. Landlord...

No Overcharge for $100 Air Conditioning Fee Included in Initial Rent

August 25, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $58,490, including triple damages and interest. The DRA found that a prior DHCR order permitting a change...

DHCR Must Reconsider Legal Rent for Apartment Temporarily Exempt on Base Date

August 22, 2017    

Tenant asked the DHCR to determine the rent-regulated status of his apartment. Tenant moved into the apartment on Aug. 1, 2013, under a vacancy lease at $2,750 per month. The vacancy lease didn't say whether the...

Total Rent Overcharge with Interest Is Over $475,000

August 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge during the four years since the base rent date. Tenant filed an Article 78 court appeal of the DHCR's...

Tenant Can Conduct Pretrial Questioning on Rent Overcharge Claim

July 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate that agreement. Tenant, who wasn't...

Tenant Can Claim Rent Overcharge in Nonpayment Proceeding

July 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was under a month-to-month agreement commencing Feb. 15, 2014, and landlord claimed that rent was $1,350 per month. Tenant claimed that the...

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