RENT OVERCHARGE

Tenant Was Overcharged After Sub Rehab Exemption Application Was Denied

May 20, 2025    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that the building was exempt from rent stabilization based on substantial rehabilitation and that therefore there could be no overcharge. After...

Rent Overcharge Complaint Mistakenly Dismissed Where Landlord Filed No Answer

May 20, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled against tenant, based on a finding that the parties' failure to respond to the RA's requests for information resulted in...

No Fraudulent Scheme to Deregulate Found in Connection with 63% Rent Hike

May 20, 2025    

Tenant complained to the DHCR of rent overcharge in April 2019. The DRA ruled for tenant in part, finding that he had been overcharged but that no damages were due to tenant in light of his rent arrears. Tenant...

No Overcharge Resulted from Minor IAI Error

May 20, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. He moved into the unit in February 2019 under a lease listing the legal regulated rent as $1,838 and a preferential rent of $1,650. Tenant...

Court Permits Pre-Trial Questioning by Tenant Claiming Fraudulent Rent Overcharge

April 25, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed that there was a fraudulent rent overcharge and asked the court for permission to conduct pretrial questioning....

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...

HSTPA Amendments Didn't Apply to Overcharge Complaint Filed in 2018

April 23, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $1,410 with interest after applying a small refund credit. No triple damages were...

Overcharge Resulted from Failure to Preserve Preferential Rent

April 23, 2025    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $20,688 including triple damages and after subtracting $42,401 in rent arrears owed by tenant. The...

No Triple Damages Applied to Rent Overcharge for Improperly Deregulated Apartment

April 23, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020, and claimed that landlord collected more than the permissible Rent Guidelines Board (RGB) increase from 2009-2020. Landlord claimed that...

Unsigned Court Stipulation Had No Effect on DHCR Finding of No Overcharge

April 23, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. She claimed that the $510 monthly rent she paid in September 2020 included an overcharge due to outstanding rent reduction orders and missing...

No Rent Overcharge Where Tenant Agreed to Transfer to Unregulated Apartment

April 23, 2025    

Tenant complained to the DHCR in 2023 of rent overcharge resulting from unlawful deregulation of his apartment. Tenant had moved into the apartment in 2020 under an unregulated lease with a monthly rent of $2,150....