RENT OVERCHARGE

Did Landlord Fraudulently Maintain Apartment Deregulation Post-Roberts?

April 25, 2025    

Current and former building tenants sued landlord, claiming improper deregulation and rent overcharge. The building had received J-51 tax benefits since 1986. Landlord had received an opinion letter from the DHCR in...

Reasonable Reliance on Landlord's Actions Not Needed to Prove Fraud in Overcharge Case

April 25, 2025    

Tenants in a 421-a building sued landlord in 2020, claiming that prior landlord unlawfully registered inflated initial rents for their rent-stabilized apartments. Tenants claimed that this was a fraudulent scheme to...

Triple Damages Applied to Post-HSTPA Overcharge Despite Refund Made While Complaint Pending

March 28, 2025    

Rent-stabilized tenant complained to the DHCR about rent overcharge in 2020. She claimed that her rent had been frozen pursuant to a previously issued DHCR rent reduction order. The DRA ruled for tenant, finding...

Court Mistakenly Awarded Tenant Quadruple Damages for Rent Overcharge

March 27, 2025    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. The trial court ruled for tenant and directed landlord to refund $169,000 including triple damages.

Rent Amount Reflecting On-Time Payment Discount Was Legal Regulated Rent

March 27, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled for tenant, finding that the on-time discounted rent charged to tenant, rather than the higher rent listed on tenant's lease, was...

Court to Calculate Rent Overcharge Using Default Method Due to Fraud

March 27, 2025    

Rent-stabilized tenant sued landlord for rent overcharge, claiming fraud by landlord. The court ruled for tenant. The last rent charged to prior tenant was $1,044.52 per month and landlord then charged tenant $1,500...

Trial Must Determine If Default Formula Applied to Each Overcharge Claim in Class Action

March 27, 2025    

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...

Landlord Challenges Application of Default Formula to Rent Overcharge Claims

March 27, 2025    

Tenants lived in a building that was subject to HUD oversight until April 12, 2011, when the building became subject to the Rent Stabilization Law. Under landlord’s Use Agreement with HUD, tenants who had been...

Appeals Court Upholds DHCR's Decision that On-Time Discounted Rent Was Improper Late Charge

March 26, 2025    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, finding that an on-time discounted rent provided for in tenant's lease wasn't a preferential rent but instead amounted to an...

DHCR Properly Set On-Time Discounted Rent as Legal Regulated Rent

March 26, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge, and the DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable....

Rent Overcharge Properly Determined Using Default Method

March 24, 2025    

Tenant complained to the DHCR in October 2019 of rent overcharge and improper apartment deregulation. Landlord claimed that the apartment was vacancy deregulated in 2014, before tenant moved into the unit in 2017....

No Rent Overcharge Occurred While Tenant Was Building Super and Paid No Rent

March 24, 2025    

Tenant complained to the DHCR in 2016 of rent overcharge. He claimed that he moved into the apartment in 1984, was rent stabilized until 2003 when he became the building superintendent, then paid no rent and had no...