RENT OVERCHARGE

Apartment in Building that Had Received J-51 Tax Benefits Was Properly Vacancy-Deregulated

December 18, 2023    

Tenant complained to the DHCR in 2020 of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the apartment had been lawfully vacancy-deregulated in 2014 when the...

DHCR Won't Consider IAI Documentation Submitted for the First Time with Landlord's PAR

December 18, 2023    

The DHCR's Tenant Protection Unit (TPU) brought an audit proceeding for individual apartment improvements (IAIs) made to an apartment in landlord's building based on review of rent registrations for the unit...

Tenants Presented Insufficient Proof of Fraudulent Scheme to Deregulate Apartments

November 26, 2023    

Tenants sued landlord, claiming rent overcharge and a fraudulent scheme to deregulate their J-51 building apartments. The court ruled for tenants, finding that proof of a building-wide fraudulent scheme required...

Tenant Claims Rent Concession Was Preferential Rent

November 26, 2023    

Rent-stabilized tenant sued landlord in State Supreme Court, claiming rent overcharge. Tenant proposed that the case be a class action for all building tenants, claiming that landlord collected improper rents while...

Court Denies Request for Discovery Made by Tenant Claiming Fraudulent Rent Overcharge

November 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response and among other things, tenant claimed fraudulent rent overcharge. Tenant asked the court for permission to conduct discovery reaching...

Landlord Proves No Financial Connection Between Itself and Its Contractor

November 21, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant. The DRA found that tenant moved in on July 1, 2018, at a legal rent of $3,700 after landlord...

No Proof of Rent Fraud and No Overcharge Found

November 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018.  The DRA found that tenant didn't establish a colorable claim of any fraudulent scheme to deregulate the apartment and that there was no rent...

Lease Records Given More Weight Than Rent Registration Containing Clerical Error

November 21, 2023    

Tenant complained to the DHCR in March 2019 of rent overcharge and improper deregulation. Landlord claimed that the apartment had been vacancy-deregulated when tenant moved in. Landlord submitted the prior tenant...

No Triple Damages Where Landlord Refunded Overcharge in Response to Complaint

November 21, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge and unlawful apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $24,962, including triple damages. Landlord appealed, claiming...

Continued Collection of Rent Increase During Rent Freeze Required Triple Damages

November 21, 2023    

Tenant complained to the DHCR in May 2019 of rent overcharge. She claimed that an outstanding rent reduction order had been issued and made effective on Sept. 1, 2025, without a proper reduction in her rent. The DRA...

Rent Overcharge with Triple Damages Found Due to Pre-Base Date Rent Reduction Orders

November 21, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and ordered landlord to refund $32,726, including interest and triple damages. The overcharge was based on two...

DHCR Must Re-examine Whether Apartment Was Exempt from Rent Stabilization

November 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2020 that he was being overcharged. The DRA ruled against tenant, finding that the apartment was vacancy-deregulated in March 2017 when tenant moved in. Tenant...