RENT OVERCHARGE

Tenant Entitled to Almost $74K for Rent Overcharge

November 25, 2022    

Tenant sued landlord for rent overcharge and fraudulently deregulating its entire building, including tenant's apartment. Landlord had deregulated tenant's apartment despite the fact that the building was...

Housing Court Should Determine Amount of Overcharge in Nonpayment Case

November 22, 2022    

Tenant complained to the DHCR of rent overcharge in 2009. The DRA ruled against tenant, finding that the apartment wasn't subject to rent stabilization because it became vacant on or after June 19, 1997, with a...

No Fraud Found in Connection with Rent Overcharge

November 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on overcharges occurring while a DHCR service reduction order was in effect. But no refund was ordered based on tenant...

Landlord Responsible for Tenant's Overcharge of Subtenant

November 22, 2022    

A subtenant filed a rent overcharge complaint against rent-stabilized tenant for rent overcharge. The DRA ruled for subtenant and ordered the tenant to refund $54,000. The DRA found that landlord wasn't...

Rent Overcharge Wasn't Willful

November 22, 2022    

The roommate of prior rent-stabilized tenant complained of rent overcharge in 2015. The DRA ruled for the roommate, found that she was a lawful successor tenant, and ordered landlord to refund $6,757, including...

Tenant No Longer Paid for Electricity After DHCR Issued Electrical Exclusion Order

October 24, 2022    

Rent-stabilized tenant filed a "specific" rent overcharge complaint with the DHCR. Tenant claimed that landlord didn't comply with a prior DHCR order issued in 2008, which found there was a $920...

Landlord Didn't Prove Debris Removal Was Properly Included in IAI Rent Increase

October 24, 2022    

Tenant asked the DHCR in 2014 for an Administrative Determination of the legal regulated rent for his apartment. In response, landlord acknowledged that tenant was rent stabilized and that it had refunded $6,632 to...

Landlord Gets Stay of Overcharge Findings Pending Appeal of Tenants' Class Action

September 27, 2022    

Tenants sued landlord in a class action, claiming rent overcharges resulting from an alleged scheme to charge market-rate rents for apartments while collecting J-51 tax benefits. Landlord denied tenants' claims...

Apartment Was Improperly Deregulated But There Was No Overcharge

September 26, 2022    

Tenant complained that landlord failed to renew her lease, along with improper apartment deregulation and rent overcharge. Landlord claimed that the unit had been vacancy deregulated.

Increase in Registered Stabilized Rent Didn't Support Colorable Claim of Fraud

September 26, 2022    

Tenant complained to the DHCR of rent overcharge, claiming that landlord engaged in a fraudulent illusory tenancy scheme. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant...

Rent Overcharge Resulting from SCRIE Error Not Willful

September 26, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,528, including interest. Landlord appealed and lost. Landlord argued that the case should have been...

DHCR Can't Rule on Utility or Damage Issues in Case of Tenant Overcharging Subtenant

September 26, 2022    

A subtenant complained to the DHCR that he was overcharged by a rent-stabilized tenant. The DRA ruled for the subtenant and ordered tenant to refund $8,035. Tenant appealed and lost. Tenant asked the DHCR to modify...