RENT OVERCHARGE

Landlord Must Refund Overcharge with Triple Damages

January 28, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant after landlord failed to present proof of claimed individual apartment improvements (IAIs) to the...

Landlord Properly Reregulated Apartment

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord had improperly deregulated the apartment while the...

DHCR Disallowed Some Claimed IAI Costs Based on Inspection

January 28, 2019    

The DHCR's Tenant Protection Unit (TPU) audited individual apartment improvements (IAIs) to tenant's apartment, then disallowed IAI costs and directed landlord to reduce tenant's rent. Landlord objected...

Landlord Must Refund $93,000 Overcharge Due to 1988 Rent Reduction Order

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge and claimed that a rent increase based on individual apartment improvements (IAIs) was improperly calculated. The DRA ruled for tenant and ordered landlord to...

Default Formula Applied to Set Base Date Rent

January 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $45,487, including triple damages and interest. The DHCR used its default formula to set the base rent...

No Triple Damages for Overcharge Resulting from Rent Reduction Orders

January 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,987, including interest. The DRA found that the overcharge resulted from a series of rent reduction...

Court Transfers Rent Overcharge and Improper Deregulation Claims to DHCR

January 27, 2019    

(Decision submitted by attorney Michael Littman of the Rockville Centre law firm of Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, who represented the landlord.)

Triple Damages and Rent Freeze Applied to Rent Overcharge

January 24, 2019    

Rent-stabilized tenant sued landlord, claiming improper deregulation of tenant's apartment and rent overcharge. Tenant claimed that she was rent stabilized since the building had received J-51 tax benefits and...

DHCR Must Reconsider Triple Damages

January 24, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,100, including triple damages. Landlord appealed the portion of the DRA's order that assessed triple damages,...

Landlord Sufficiently Proved IAIs

December 26, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that all rent increases were lawful and that tenant was properly vacancy deregulated. But the DRA also ruled that tenant remained rent...

Landlord Didn't Sufficiently Prove IAIs

December 26, 2018    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit of an apartment rent based on a review of rent registrations. Based on landlord's failure to comply with the...

DHCR Finds No Overcharge

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant had moved into the apartment in 2002 and filed her overcharge complaint in 2016. The DRA found no overcharge since the 2012 base date.