RENT OVERCHARGE

Rent Overcharge Found Due to Pre-Base Date Rent Reduction Order

April 25, 2024    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant directed landlord to refund $57,975, including interest and triple damages. The overcharge finding was based on a...

No Triple Damages Where Rent Arrears Far Exceeded Overcharge Finding

April 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding a total overcharge with triple damages of $102.51. Since tenant owed $36,791 to landlord in back rent, no refund was...

Tenant's Overcharge Complaint Subject to Four-Year Lookback Period

April 24, 2024    

Rent-stabilized tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $10,588, which included triple damages. The overcharge occurred after the...

$75,000 Default Method Overcharge Finding Based on Landlord's Failure to Answer Complaint

April 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $74,420, including triple damages. The overcharge was determined based on the Rent...

Apartment Was Properly Vacancy-Deregulated Before June 14, 2019

March 26, 2024    

Tenant complained to the DHCR in 2020 of rent overcharge and unlawful apartment deregulation. Landlord claimed that the former rent-controlled tenant moved out in 2002, that landlord then performed $45,500 in...

Overcharge Complaint About Security Deposit Dismissed Because Tenant Had Moved Out

March 26, 2024    

An unregulated tenant complained to the DHCR in December 2019 that he was specifically overcharged because he paid three months' rent at $2,600 per month when he moved into his apartment in July 2019. He claimed...

Landlord Submitted Insufficient Proof of Claimed IAIs

March 26, 2024    

TPU conducted an audit of individual apartment improvements (IAIs) made to a rent-stabilized apartment and found an overcharge. The TPU directed landlord to reset the registered $2,850 rent at $1,715, refund the...

DHCR Correctly Calculated Lawful Vacancy Rent Increases

March 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $3,361. When triple damages were added, and the amount of a prior refund deducted, the total...

Landlord Proved Apartment Was Vacancy-Deregulated in 2010

February 23, 2024    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2010. This was before tenant moved into the unit...

Proof of Claimed Individual Apartment Improvements Was Insufficient

February 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $682, including triple damages. Landlord appealed and lost. Although landlord had proved...

Landlord Not Limited to Guidelines Increase When Renewing Preferential Rent Pre-HSTPA

February 23, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of rent overcharge. The DRA ruled against tenant, who appealed and lost.  Tenant argued that landlord had illegally raised her preferential rent beyond...

Landlord Who Timely Refunded Overcharge in Pre-HSTPA Proceeding Avoided Triple Damages

February 22, 2024    

Rent-stabilized tenant in a building complained to the DHCR in 2017 of rent overcharge. He had moved into the unit in 1993 and claimed that he had been overcharged for 20 years. He also claimed that landlord had...