RENT OVERCHARGE

Fraudulent Scheme to Deregulate Includes Inflation of Rents Leading to Future Deregulation

October 27, 2023    

Building tenants sued landlord for rent overcharges and engaging in a fraudulent scheme to deregulate various apartments. Among other things, tenants asked the court to rule on several key elements of their claims...

Court Permits Pretrial Questioning Back to 1984

October 27, 2023    

Tenants filed a class action lawsuit against landlord in 2018 for rent overcharges. The court rejected landlord's request to limit pretrial questioning and document production to a four-year period and instead...

No Rent Fraud Where Landlord of J-51 Building Relied on DHCR Policy Later Overruled

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge with interest equal to $22,014. Since landlord had refunded $44,709 to tenant while the...

Landlord Proves It Never Received Notice of Overcharge Complaint

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and applied the default formula to set the 2014 base date rent because landlord failed to provide a lease and/or rent ledger in effect on...

Appeals Court Finds Tenants' Claim of Fraud Insufficient

October 26, 2023    

Tenants in a J-51 building sued landlord in a class action, claiming rent overcharges and improper deregulation. The court ruled for tenants without trial and found that the legal regulated rents for their apartments...

Court Permits Limited Pre-Trial Questioning in Connection with Rent Fraud Claim

October 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court for permission to conduct discovery. She claimed rent overcharge and said there were questions about fraud because landlord...

No Triple Damages for Overcharge Resulting from Rent Reduction Order

October 25, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found no refund was owed. The overcharge wasn't willful, and landlord had refunded more than the overcharge amount plus interest...

Triple Damages Applied to Overcharge Based on Prior Rent Reduction Orders

October 25, 2023    

Nassau County tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,718, which included triple damages plus interest along with subtraction of a $3,543 refund...

DHCR Corrected Errors in Rent Overcharge Calculation

October 25, 2023    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $8,280, including interest. Landlord appealed and won in part. Landlord claimed that...

DHCR Found $123,000 Overcharge to Tenant in 421-a Building

October 25, 2023    

Tenant complained to the DHCR of rent overcharge in January 2019 and claimed that landlord engaged in a fraudulent scheme to deregulate his apartment by misrepresenting to HPD that the building was a condominium in...

Landlord Overcharged Successor Tenant by Collecting Vacancy Increase

October 25, 2023    

Rent-stabilized tenant complained of rent overcharge in April 2019. He claimed that he was the successor tenant to his mother's apartment. After she died, landlord gave him a vacancy lease at a 20 percent rent...

Landlord Must Produce Pre-Base Date Rent History Records

September 25, 2023    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit and sought class action status. The court denied a motion by landlord to dismiss that claim, finding it...