RENT OVERCHARGE

Case Sent Back Twice for DRA Calculation of SRO Unit Rent

October 28, 2020    

Rent-stabilized SRO tenant complained of rent overcharge. Landlord claimed that the unit was vacant between 2007 and 2012 when tenant moved in. So landlord argued it was entitled to charge a "first rent" of...

Tenant Improperly Sublet Parking Space

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge for a garage space only after landlord raised his monthly parking space charge from $112 to $115. Landlord claimed that the parking space wasn't subject to...

No Overcharge Refund Due After Prior Refunds and Credits Applied

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge based on a DHCR service reduction order that was in effect between April 2015 and December 2015 when the DRA approved landlord's rent restoration application....

Six-Year Lookback Period Didn't Apply Retroactively

October 28, 2020    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,164, including triple damages, after landlord already had refunded $12,408. Landlord appealed, objecting to the DRA...

Default Formula Applied Where No Base Date Lease or Rent Ledger Available

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,640, including triple damages. The DRA also set the base date rent as $1,400 per month based on the pre...

Landlord Payments for IAIs May Have Been Applied Incorrectly

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won in part. The DRA incorrectly determined that the base date for tenant's complaint...

Tenant Can't Vacate Settlement Agreement

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement so-ordered by the court. They agreed to give landlord a final judgment of possession with execution on an...

No Pre-Trial Questioning for Older Rent Records

October 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning and request document production. Tenant claimed...

Landlord Must Produce Rent History Records Back to 2002

October 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge due to a 10-year gap in DHCR annual apartment registrations between 2003 and 2014. Tenant also claimed that the...

1999 Rent Reduction Order Still in Effect

October 28, 2020    

Landlord sued to evict unregulated tenant after sending a 30-day termination notice. The court ruled for landlord after holding an inquest when tenant failed to appear in court. Tenant was evicted in October 2018 but...

Tenants Seek Class Action Status for Rent Overcharge Claims

October 28, 2020    

Sixty-one tenants in 18 different buildings sued landlords and sought class action designation. Tenants claimed that owners were single-purpose-entity LLCs, all of which shared the same individual managing member....

No Indicia of Fraud to Warrant 30-Year Lookback at Rent History

October 27, 2020    

Rent-stabilized tenant sued landlord in 2018, claiming rent overcharge. Tenant moved into the apartment in February 1988, 30 years before filing the overcharge claim. Current landlord bought the building in 2005....