RENT OVERCHARGE

DHCR Inspection Showed None of the Claimed IAIs Were Done

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $138,204, including triple damages and interest. Landlord appealed and lost. Among other things, landlord...

Rent Overcharge of $170,000 Found Under Default Formula

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $169,926, including triple damages and interest. Landlord appealed and lost. Landlord had failed to submit...

Landlord Didn't Waive Right to Collect Retroactive MCI Rent Hike

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,058, including interest. Landlord appealed and won, in part. The overcharge was based on findings of...

No Rent Overcharge Found After Rent Arrears Considered

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,830, including interest. Landlord appealed and won. Landlord pointed out that tenant owed rent for a...

Overcharge Finding Based on 2002 Rent Reduction Order Goes Back Only Four Years

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including interest. The overcharge finding was based on a 2002 rent reduction order that had...

Landlord Couldn't Support 49-Year Longevity Increase Claim

June 23, 2019    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment. The TPU audit found that landlord's claimed IAIs didn't support the 2014 legal...

Landlord Didn't Prove Lease Listed Both Legal Regulated Rent and Preferential Rent

June 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,829, including triple damages. The overcharge finding was based on landlord's failure to prove...

Rent Overcharge for Storage Fee

June 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant because landlord charged tenant a $50 monthly storage fee when the building's initial service registration form included storage in...

Landlord Didn't Waive Longevity Rent Increase

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund a small overcharge amount. Tenant filed an Article 78 court appeal, claiming that the overcharge finding...

Rent Overcharge Claim Dismissed

May 25, 2019    

Tenant complained of unlawful apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was lawfully deregulated due to a high-rent vacancy in 2009, prior to the base rent...

Rent Overcharge Determined Using Default Method

May 25, 2019    

Rent-stabilized tenant in Yonkers complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $36,345, including interest and triple damages. Landlord appealed and lost. Landlord claimed...

Landlord Made Good Faith Attempts to Correct Overcharge Error

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,000, including interest and triple damages. Landlord appealed, claiming that triple damages were...