RENT OVERCHARGE

Landlord Can Subpoena Con Ed Records Predating Tenant's Occupancy

June 27, 2022    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. Tenant claimed that he was rent stabilized. Landlord answered that the apartment was owner-occupied between 2000 and the date...

Tenant Can't Amend Overcharge Action to Name Individual LLC Members as Defendants

June 27, 2022    

Tenant sued landlord in 2019, claiming rent overcharge and improper deregulation of his apartment. Tenant later asked the court for permission to amend his complaint to add two individual defendants. The court denied...

New Landlord Responsible for Rent Overcharge Judgment Against Prior Landlord

June 27, 2022    

Rent-stabilized tenant sued prior landlord in 2010 for rent overcharge. In 2017, the court ruled for tenant and awarded him a money judgment representing the rent overcharge and attorney's fees. That decision was...

No Rent Fraud Indicated in Rent-Stabilized Apartment's Rent History

June 23, 2022    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. Tenant also claimed that his apartment had been unlawfully deregulated. The DRA ruled for tenant in part, finding that the apartment had been...

Court Certifies Class Action for Claims of Improper Deregulation and Rent Overcharge

June 14, 2022    

Two building tenants sued landlord for rent overcharge and asked the court for certification as a class action. In connection with that, they also asked the court to direct landlord to provide contact information for...

Tenant Reinstates Overcharge Claim in Court After HSTPA Confirms Jurisdiction

May 25, 2022    

Tenant sued both her building owner and managing agents for rent overcharge and improper deregulation of her apartment. Tenant claimed that she was rent stabilized although landlord had included a Deregulation Rider...

Tenant Claiming Rent Overcharge Can Seek Discovery in Housing Court Nonpayment Case

May 25, 2022    

Landlord sued to evict tenant in 2018 for nonpayment of rent. In response, tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning on that issue. The court ruled for tenant...

Appeals Court Permits Tenants to Sue Landlord for Rent Overcharge in Class Action

May 25, 2022    

Building tenants sued landlord for rent overcharge and asked the court for certification as a class action. The court ruled against tenants, who appealed and won.

Appeals Court Denies Tenants' Attempt to Reargue Dismissal of Overcharge Claim

May 25, 2022    

Tenants sued landlord for rent overcharge. The court dismissed the case based on a settlement agreement between landlord and tenants, which was signed in a prior court action where both sides were represented by...

Tenant Had Insufficient Proof to Warrant Investigation for Rent Fraud

May 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled against tenant, finding no overcharge. The DRA also found insufficient proof to support a colorable claim of fraudulent conduct by landlord...

New Landlord Must Refund Overcharge Collected by Prior Landlord

May 24, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf in 2017, and claimed that the $2,700 rent charged by landlord in December 2014 constituted an overcharge. For the...

Outstanding Rent Reduction Order Resulted in $219K Overcharge

May 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and froze the $1,600 base date rent at $500 due to an outstanding rent reduction order. The DRA directed landlord to refund $219,...