RENT OVERCHARGE

No Fraud by Landlord Who Mistakenly Deregulated Apartment

July 27, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment, located in a building receiving J-51 tax benefits. Landlord responded that, once the outcome of the Roberts decision in 2010...

Overcharge Resulted from Incorrect Guidelines Increase for SRO Unit

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,447, including triple damages and interest. The DRA found that the base date rent was lawful, but there...

DHCR Uses Waiver Rule to Set Apartment's Legal Rent

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to offer tenant a renewal lease based on the current legal rent of $623 per month. Landlord appealed and lost....

No IAI Rent Increase Granted for Bathtub Reglazing

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $32,825, including triple damages and interest. Landlord appealed and lost. The DRA had excluded a $50...

Triple Damages Applied to Overcharge Based on Prior Rent Reduction Order

July 27, 2021    

The DHCR's Tenant Protection Unit (TPU) audited landlord for noncompliance with two DHCR rent reduction orders that froze tenant's rent. Based on landlord's failure to resolve the matter with TPU, TPU...

DHCR Applies Safe Harbor Rule on Appeal to Eliminate Triple Damages

July 27, 2021    

Tenant in a building receiving J-51 tax benefits complained of rent overcharge in 2017. The DRA ruled for tenant and found that: (a) the apartment had been rent controlled until 2012 when it became vacant; (b)...

Tenant Can't Claim Improper DHCR Registration of Pre-Base Date Rents

July 27, 2021    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial and argued that the apartment was rent stabilized and had been improperly registered with the DHCR. The...

Court Certifies Class Action for Overcharge Claims of J-51 Building Tenants

July 27, 2021    

Tenants in several buildings who lived in apartments deregulated while the buildings received J-51 tax benefits sued landlord in 2018, claiming rent overcharge and improper deregulation. Tenants sought certification...

No Indicia of Fraud Found in Connection with Tenant's Dismissed Overcharge Claim

July 27, 2021    

Rent-stabilized tenant sued landlord in 2018, claiming rent overcharge after living in the apartment for 30 years. Current landlord bought the building in 2005. Tenant claimed that a prior tenant who lived in the...

Court Finds No Fraudulent Scheme to Deregulate Apartment

July 26, 2021    

Tenant sued landlord in 2019, claiming rent overcharge, improper deregulation of his apartment, and a fraudulent scheme to deregulate his apartment. While all units in the building had been registered as either rent...

Document Production Needed to Determine Proper Legal Rent Calculations

July 26, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to rule on that issue without trial or, alternatively, to order discovery. The court ruled for...

No Indicia of Fraudulent Scheme to Deregulate Apartment

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge after applying lawful rent increases to the four-year base date rent. While tenant initially paid a preferential rent, his...