RENT OVERCHARGE

Landlord Didn't Comply with Rent Reduction Order that Froze Apartment Rent

January 29, 2023    

The DHCR's Tenant Protection Unit (TPU) commenced a rent overcharge complaint against a building's new landlord on behalf of one tenant, after conducting an audit of the building's rents and finances in...

Rent Overpayment Between Effective Date and Issuance Date of Rent Reduction Order Not Due to Willful Overcharge

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, finding a total overcharge of $127.91. No triple damages were imposed. And since tenant owed unpaid rent to landlord...

Landlord Who Refunded Overcharge Before Final Notice Avoids Triple Damages in Pre-HSTPA Case

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. In July 2022, the DRA sent landlord a final notice that triple damages would be imposed on an overcharge of $8,748 based on incorrect rent...

IAI Rent Increases Reinstated on Appeal of Overcharge Ruling Proved Lawful Vacancy Deregulation

January 25, 2023    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf prior to enactment of HSTPA amendments to the rent stabilization base date. The DRA ruled for tenant and directed...

Some Claimed IAI Costs Were Insufficiently Documented

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and a lease violation, claiming that his apartment had been improperly deregulated. Landlord argued that the unit was vacancy-deregulated after adding a 1/40th rent...

Longevity Increase Applied When Vacancy Lease Was Due to Adding Roommates as Tenants

January 24, 2023    

Rent-stabilized tenant complained prior to June 14, 2019, of rent overcharge and that landlord failed to offer a proper renewal lease. The DRA ruled for tenant, finding that landlord was entitled to a vacancy rent...

Rent-Stabilized Tenant Overcharged Roommate

January 24, 2023    

The roommate of a rent-stabilized tenant complained to the DHCR that the tenant had overcharged him. The DRA ruled for the roommate and ordered tenant to refund $10,220 without noting any assessed interest or triple...

Landlord Must Refund Overcharge Resulting from Rent Reduction Order

December 19, 2022    

Rent-stabilized tenant complained of rent overcharge based on landlord's failure to comply with a prior DHCR rent reduction order. The DRA found that the legal base date rent was $1,135.18 per month. But the base...

No Proof of Improper Commercial Rental to Prior Tenant

December 19, 2022    

Tenant complained to the DHCR of rent overcharge, and claimed that his apartment had been fraudulently rented for commercial use before he moved in. The DRA ruled against tenant, finding that the base date rent four...

Landlord Properly Calculated a 1/40th Rent Increase for IAIs

December 19, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant after finding that the apartment had been vacancy-deregulated in 2009. Tenant appealed and lost. Landlord proved the deregulation through...

Apartment Was Vacancy-Deregulated After Gut Renovation

December 19, 2022    

Tenants complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenants, who appealed and lost. The DHCR found that the DRA had properly determined that the apartment was properly deregulated more...

Tenant Entitled to Almost $74K for Rent Overcharge

November 25, 2022    

Tenant sued landlord for rent overcharge and fraudulently deregulating its entire building, including tenant's apartment. Landlord had deregulated tenant's apartment despite the fact that the building was...