RENT OVERCHARGE

Legal Rent Reduced Based on Improper Conditional Rent Concession Clause

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,220, including interest and triple damages. The DRA found that landlord offered tenant a temporary...

No Overcharge Refund Due Where Tenant Owes More in Back Rent

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge refund was due. Although the DRA noted that there was an overcharge of $640, tenant owed landlord $19,000 in...

DHCR Can't Retroactively Apply Amended RSC Provision on Setting Rent After Temporary Exemption

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $22,365, including interest. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then...

Landlord Entitled to Set New Rent After Base-Date Vacancy Occurring Before 2014

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including interest. Landlord appealed and won. The apartment had been vacant on the base date...

Landlord Must Refund $147,000 Rent Overcharge

May 23, 2019    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. The DRA ruled for tenant and directed landlord to refund $147,510, including interest and triple damages. Landlord...

Rent Overcharge Resulted from 1993 Rent Reduction Order

May 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, based on a 1993 rent reduction order that had remained in place. The DRA ordered landlord to refund $30,825, including interest....

Landlord Overcharged Improperly Deregulated Tenant in J-51 Building

May 10, 2019    

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized and that landlord had overcharged him. The court ruled for tenant, dismissed the case, and awarded...

Landlord Omitted Legal Regulated Rent from One Renewal Lease Listing Preferential Rent

April 28, 2019    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant's Daughter Was Entitled to Raise Rent Overcharge Claim

April 28, 2019    

Rent-stabilized tenant's daughter complained of rent overcharge. The DRA ruled for tenant's daughter and ordered landlord to refund $32,695, including interest. Landlord and tenant both appealed and lost....

Landlord Collected Two Vacancy Increases During One Calendar Year

April 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the total overcharge, including triple damages, was $10,397. Since landlord had refunded more than that amount to tenant,...

Landlord Proved Lawful Vacancy Deregulation of Apartment

April 26, 2019    

Unregulated tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The base rent date for tenant...

Landlord Can't Prove It Didn't Receive Notice of Overcharge Complaint

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $25,471, including interest and triple damages. Landlord appealed and lost. Landlord claimed that he didn...