RENT OVERCHARGE

Rent Administrator Miscalculated Rent Overcharge

March 29, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found that no refund was owed because landlord already issued a refund to tenant in response to the complaint. The total overcharge...

Landlord Waived Right to Collect A/C Surcharge

March 29, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. Tenant claimed that he had bought and installed an air conditioner in his apartment some time ago and that current landlord only recently started charging...

Landlord Who Charged Less Than Legal Rent Waived Higher Rent

March 29, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and found a total overcharge of $3,450, including triple damages. Since tenant owed $15,000 in rent arrears, no refund to tenant...

No Fraud Found in Connection with Rent Overcharge Claim

March 29, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord substantially increased her rent upon lease renewal. But the DRA found that...

Overcharge Calculation Reduced, Attorney Fees Awarded in Regina Remand Case

March 29, 2021    

Tenants signed a two-year unregulated lease in August 2005 at an initial rent of $5,195 per month. Landlord had removed the apartment from rent stabilization in 2003 under high-rent vacancy deregulation provisions of...

Using Default Formula, Court Orders Landlord to Refund $120,000 Overcharge

March 26, 2021    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed rent overcharge and improper deregulation of his apartment. The court dismissed landlord's case and ruled for tenant, finding that...

Trial Court Incorrectly Found Indicia of Fraud in Overcharge Case

March 26, 2021    

Landlord sued to evict unregulated tenant in 2017 after tenant's lease expired. Landlord claimed that the unit was exempt from rent stabilization based on a high-rent vacancy that occurred sometime previously....

Improperly Deregulated Tenant in J-51 Building Can Raise Rent Fraud Claim

March 26, 2021    

Tenant in a rent-stabilized building that received J-51 tax benefits until 2013 sued landlord, claiming rent overcharge and improper deregulation. Landlord gave tenant an unregulated lease when tenant moved into the...

DHCR Decision Granting IAI Rent Increases Upheld by Appeals Court

March 25, 2021    

Tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, finding that landlord proved its costs for claimed individual apartment improvements (IAIs) made to the unit before tenant moved in....

No Fraud Found in Connection with Rent Overcharge

March 25, 2021    

Tenant complained of rent overcharge and improper deregulation of her apartment. The DHCR ruled for tenant in 2017 because the apartment had been vacancy-deregulated incorrectly while the building received J-51 tax...

No Overcharge Where Tenant Paid $800 for Years Without Lease

March 25, 2021    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. He had moved into the apartment in 1987. While his vacancy lease rent was $383 per month, he had no written lease at this point and had paid $...

Tenants Get Attorneys' Fees in DHCR Rent Overcharge Proceeding

March 25, 2021    

Tenants complained separately in 2016 of rent overcharge and improper deregulation of their shared apartment. Each tenant had rented a single room in the same apartment without a lease. The DRA combined the cases,...