RENT OVERCHARGE

Court Dismisses Tenant Claim of Improper Deregulation and Rent Overcharge

September 24, 2023    

Tenant sued landlord in 2022, claiming that unjustified rent increases for her formerly rent-stabilized apartment since at least 1992 resulted in improper vacancy deregulation of the unit by landlord in 2003,...

Landlord Collected Rent Overcharges Under RGBO Order Nos. 40 and 41

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord Didn't Prove Claimed Individual Apartment Improvements

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord's Participation in LIHTC Program Didn't Prevent DHCR from Deciding Overcharge Claim

September 24, 2023    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court...

Tenants of 421-a Building Can Pursue Rent Overcharge Claims in Class Action

September 24, 2023    

Rent-stabilized tenants of a building receiving RPTL 421-a tax benefits sued landlord in 2021, claiming that landlord improperly utilized preferential rents as part of their initial 421-a registration. Tenants asked...

DHCR Applied Default Formula to Calculate Overcharge

September 22, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and, using the default formula to set the base-date rent, found a total overcharge of $13,065, including interest and triple damages....

Landlord Didn't Waive Right to Washing Machine Surcharge from Rent-Stabilized Tenant

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, and directed landlord to refund a total overcharge with interest and triple damages totalling $4,714. But the DRA...

Prior Pre-Base Date Overcharge Ruling Applied in Response to New Tenant's Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $261,960, including interest and triple damages. Landlord appealed and lost. Landlord claimed...

Landlord Who Made Full Overcharge Refund to Tenant Avoided $100K Triple Damages

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge of $197,245, including triple damages. The DRA noted that landlord had already...

Court, Not DHCR, Must Determine Overcharge Calculations Based on Tenants' Choice of Forum

August 28, 2023    

In 2019, seven current and former building tenants sued landlord, seeking a declaration that they were rent stabilized and individual findings of the legal rents for their apartments. Among other things, the court...

No Overcharge Where Apartment Was Vacancy Deregulated Before Tenant Moved In

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation after moving into the unit in 2016. The DRA ruled for tenant, found that the unit was rent stabilized and ordered landlord to...

Triple Damages Applied to Full Overcharge Resulting from Post-HSTPA Complaint

August 28, 2023    

Rent-stabilized tenant complained to the DHCR after HSTPA took effect, claiming rent overcharge based on a prior rent reduction order. The DRA ruled for tenant and ordered landlord to refund $98,860, including triple...