RENT OVERCHARGE

Rent Overcharge Calculations in 421-g Case Must Follow Rule Set by Regina

June 26, 2020    

Building tenants sued landlord and claimed that, since the building received tax benefits under RPTL Section 421-g, they were subject to rent stabilization and had been overcharged. Issues raised in the case went to...

Landlord Couldn't Prove Individual Apartment Improvements

June 26, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge.  The court ruled for tenant, without trial, based on documents presented by both sides. The prior tenant's last rent was $869 per month. Tenant...

Four-Year Rule Applies to Overcharge Claims

June 25, 2020    

Building tenants sued landlord, seeking a declaration that they were rent stabilized and were overcharged. In a prior appellate ruling, a court declared that the building was subject to rent stabilization as of April...

New Landlord Claims It's Not Responsible for Old Overcharge Finding

June 25, 2020    

Former rent-stabilized tenant sued prior landlord and current landlord (NYU) in 2019, seeking enforcement of a prior court's judgment for rent overcharge in the amount of $132,985 which was issued in 2017 against...

Court Won't Reopen Overcharge Case for DHCR to Apply HSTPA Changes

June 25, 2020    

Rent-stabilized tenant complained of rent overcharge. She was the first tenant to occupy the apartment, which was rent-stabilized solely due to the building's receipt of J-51 tax benefits. The initial legal...

Court Reinstates Tenant's Overcharge Claim After Collazo Decision

June 25, 2020    

Tenant sued landlord for rent overcharge. The court dismissed the case without prejudice in January 2020 and instructed tenant to refile the overcharge claim with the DHCR. In April 2020, tenant sought to renew her...

Four-Year Lookback Applied to Overcharge Claim Pending When HSTPA Enacted

June 25, 2020    

Rent-stabilized tenant sued landlord for rent overcharge. Tenant's apartment had been improperly deregulated while the building received J-51 tax benefits. Landlord claimed that the apartment's legal...

Maximum Collectible Rent of Apartment Remained $75 per Month Since 1973

June 24, 2020    

Rent-controlled tenant complained of rent overcharge. The DRA found that the apartment's maximum collectible rent (MCR) was $75.06 per month effective Jan. 1, 1973. DHCR records showed that in May 1994, the DRA...

Landlord Proved Rent Increase for IAIs

June 24, 2020    

Tenant complained of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, who appealed and lost.

Rent Overcharge Resulted from 20-Year-Old Rent Reduction Order

June 24, 2020    

Rent-stabilized tenant complained of rent overcharge and lease violation. Tenant pointed out that there was a 2001 DHCR rent reduction order still in effect, which froze the apartment's legal rent. The DRA ruled...

Regina Decision Limits Documents Landlord Must Produce for Overcharge Claim

May 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed rent overcharge. Tenant asked the court for permission to conduct pretrial questioning with document production....

Court to Set Legal Rent of Stabilized Apartment That Was Exempt for 20 Years

May 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's rent was $1,500 per month. Tenant claimed rent overcharge. Before tenant moved into the apartment in 2016, the apartment had been...