RENT OVERCHARGE

Overcharge Finding Applied Triple Damages to Extended Look-Back Period

February 24, 2020    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant, declaring that he was entitled to a rent-stabilized lease and an overcharge refund to be...

Prior DHCR Finding of Vacancy Deregulation Revoked

February 21, 2020    

Tenant complained in January 2017 of rent overcharge and fraudulent deregulation of his apartment. The DRA ruled against tenant in January 2018. The DRA applied the default method to the claim since landlord didn...

Six-Year Look-Back Period Applied to Overcharge Claim Filed in 2017

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA decided tenant's complaint after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted, and found that there was no...

Landlord Properly Collected Appliance Surcharges

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. He claimed that landlord improperly charged him air conditioner and washing machine surcharges since 2009. Tenant had moved into the apartment in 2000....

Extended Six-Year Look-Back Period Applied to Landlord's PAR

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in June 2018 and ordered landlord to refund $5,200, including interest and triple damages. Landlord appealed, and the DHCR ruled...

Six-Year Look-Back Period Applied to Pending PAR

February 20, 2020    

Rent-stabilized Yonkers tenant complained of rent overcharge in March 2017. The DRA ruled against tenant, finding no overcharge since the four-year base rent date. Tenant appealed, and the DHCR reopened the case. The...

Rent Overcharge Claim Reopened

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in June 2018, finding a small overcharge of $171 including interest. Tenant appealed in July 2018. In December 2019, the DHCR reopened...

Tenants Claiming Overcharge Granted Class Action Status

February 15, 2020    

Current and former building tenants sued landlord, claiming rent overcharge and improper deregulation of apartments while landlord received J-51 tax benefits for the building. Tenants asked the court to certify the...

Six-Year Rule Applied to Overcharge Claim Pending When HSTPA Took Effect

February 15, 2020    

Landlord condominium unit owner sued to evict tenant from the unit. Tenant claimed that he was rent stabilized because the building received J-51 tax benefits and that he had been overcharged. The court ruled for...

Tenant's Dismissed Overcharge Claim Reopened Based on HSTPA

February 13, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. The DRA's finding was made based on a four-year base date of...

Rent Overcharge Case Reopened Based on Change in Lookback Period

February 13, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $597. Tenant appealed, and the case was reopened. The DRA had decided the...

Landlord Didn't Submit Lease or Ledger to DHCR

February 12, 2020    

The DHCR's Tenant Protection Unit (TPU) filed a complaint with the DRA claiming that landlord had overcharged tenant. The DRA found there was a willful overcharge since landlord failed to produce sufficient proof...