RENT OVERCHARGE

Tenant Didn't Sign Building Service Complaint

March 23, 2020    

Rent-stabilized tenant complained of rent overcharge based on a 2018 DHCR building-wide rent reduction order, which froze collectible rents at the building effective Dec. 1, 2017. The DRA ruled for tenant and...

Legal Rent After Temporary Exemption Based on Regs at Time Tenant Moved In

March 23, 2020    

Former tenant complained of rent overcharge for the period between June 15, 2012, and Oct. 31, 2013. The DRA ruled for tenant, based on a DHCR rent reduction order that was in effect during tenant's occupancy....

Overcharge Refund Offset by Rent Nonpayment

March 19, 2020    

Rent-stabilized tenant complained of rent overcharge based on landlord's continued collection of the full legal regulated rent after the DHCR issued a rent reduction order based on a reduction in services. The...

DHCR Can't Consider Tenants' Claim of Substandard Ceiling Height

March 19, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed, and the DHCR denied his PAR. Tenant then filed an Article 78 court appeal, claiming...

Undocumented Walls Discounted from IAI Rent Increase

March 19, 2020    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint concerning tenants' apartment, based on its audit finding that landlord failed to justify the cost individual apartment improvements (...

New Landlord Must Pay Triple Damages Even if Prior Landlord Collected Overcharge

March 18, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, applied a six-year lookback period, and ordered landlord to refund $16,000, including triple damages. Landlord appealed and lost....

Tenant Can't Challenge Rent Set by Lease in Settlement Agreement

March 18, 2020    

Rent-stabilized tenant complained of rent overcharge. He said that (a) he never received a lease from landlord in 2007; (b) the apartment registrations were fraudulent; and (c) landlord's claim that tenant had a...

DHCR Reopens Tenant's Denied Rent Overcharge Claim

March 17, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and claimed that landlord engaged in a fraudulent scheme to deregulate the apartment. The DHCR sent the case back to...

Tenants Paid Lawful Preferential Rent Since Initial 2009 Lease

March 17, 2020    

Rent-stabilized tenants complained of rent overcharge and lease violation. The DRA ruled against tenants, who appealed and lost.

Tenants claimed that the $1,375 monthly rent charged by landlord was an illegal...

Overcharge Claim Dismissed Based on Prior Court Settlement

March 10, 2020    

(Decision submitted by Brian Shaw of the Manhattan law firm of Golino Law Group PLLC, attorneys for the landlord.)

Appeals Court Sends Case Back to Lower Court to Redetermine Rent Under HSTPA

February 25, 2020    

Landlord sued to evict tenant, who was prior building super, for nonpayment of rent. The court ruled for tenant in 2015, finding that the apartment was rent stabilized and that the legal regulated rent was $1,500 per...

Court Refers Tenant's Overcharge Claim to DHCR

February 24, 2020    

Tenant sued landlord, claiming that her apartment was rent stabilized, that it had been improperly deregulated, and that she had been overcharged. Landlord asked the court to dismiss the case, and tenant asked the...