RENT OVERCHARGE

Tenant Can Request Rent History Records Back to 2001

August 27, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed improper deregulation of the apartment based on landlord's fraudulent scheme to deregulate rent-stabilized units. Tenant argued...

Rent Overcharge Wasn't Hyper Technical and Resulted in Triple Damages

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,309, including triple damages and interest. Landlord appealed and lost. Although the legal rent for the...

Overcharge Case Reopened to Consider Effect of Judicial Sale on New Landlord's Liability

August 27, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $14,700, including triple damages. Landlord appealed, and the case was reopened. Landlord argued that it wasn't...

Improper Deregulation While Building Got J-51 Benefits Didn't Warrant Using Default Formula

August 27, 2019    

Unregulated tenants complained of improper deregulation and rent overcharge. New landlord agreed that tenants were rent stabilized and gave them a rent-stabilized lease and a rent refund. The DRA ruled for tenants...

Rent-Stabilized Tenant Was Overcharged for Garage Parking Space

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking garage space. The DRA ruled for tenant, finding that landlord charged more than a rent guidelines increase to tenant for the parking...

Refund Delay Resulted from Landlord's Attempt to Apportion Refund Owed to DSS

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,955, including triple damages and interest and reflecting a prior refund of $18,177. The overcharge...

No Refund Due Based on Overcharge in Light of Back Rent Owed

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. No refund was required because tenant owed rent arrears, but landlord was directed to credit tenant's account by $3,878. This was...

New Landlord Must Pay Triple Damages for Prior Landlord's Willful Overcharge

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $29,190, including triple damages and reflecting a deduction based on landlord's prior refund to...

Rent Overcharge Refund Reduced to Reflect Back Rent Owed

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,586, including interest and deducting a rent underpayment of $1,491. Tenant appealed and lost. Tenant...

First Rent Collected in Building That Became Stabilized Was the Legal Regulated Rent

August 26, 2019    

Tenant complained to the DHCR of lease violation and rent overcharge in separate complaints consolidated by the DRA. Landlord had never given tenant a lease. Landlord claimed that the apartment was unregulated. The...

Court Permits Discovery of Rent History Records Going Back 23 Years

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Tenant, after...

Tenant Claims Overcharge Based on Large Rent Hike More Than Four Years Earlier

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant, whose rent was subsidized by the Living in Communities (LINC) program, agreed...