RENT OVERCHARGE

No Rent Overcharge Found for Rent-Controlled Tenant

April 22, 2025    

Rent-controlled tenant complained of rent overcharge. He said landlord improperly calculated the 2022-2023 Maximum Base Rent (MBR) for his apartment as $2662.80 instead of $2,622.80. In response, landlord claimed...

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA had found that the legal base date rent was $1,410.48...

DHCR Can't Order Tenant to Pay Back Rent Owed After Dismissing Overcharge Claim

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2024. The DRA ruled for tenant in part, finding that the base date legal regulated rent (LRR) was $1,473 per month, that as of May 1, 2022, the LRR...

Overcharge Was Based on DHCR Rent Freeze and Court-Ordered Rent Abatement

April 22, 2025    

A Mount Vernon tenant complained to the DHCR of rent overcharge in 2022. Tenant also complained that landlord didn't renew his lease. The DRA ruled for tenant. Based on a prior DHCR rent reduction order, tenant...

Landlord Refunded Overpayment Upon Notice of Tenant's DRIE Benefits

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. Tenant claimed that her rent was frozen as the result of DRIE program benefits she received and that landlord was willfully overcharging her. The DRA...

Triple Damages Applied to Post-HSTPA Overcharge Despite Refund Made While Complaint Pending

March 28, 2025    

Rent-stabilized tenant complained to the DHCR about rent overcharge in 2020. She claimed that her rent had been frozen pursuant to a previously issued DHCR rent reduction order. The DRA ruled for tenant, finding...

Court Mistakenly Awarded Tenant Quadruple Damages for Rent Overcharge

March 27, 2025    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. The trial court ruled for tenant and directed landlord to refund $169,000 including triple damages.

Rent Amount Reflecting On-Time Payment Discount Was Legal Regulated Rent

March 27, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled for tenant, finding that the on-time discounted rent charged to tenant, rather than the higher rent listed on tenant's lease, was...

Court to Calculate Rent Overcharge Using Default Method Due to Fraud

March 27, 2025    

Rent-stabilized tenant sued landlord for rent overcharge, claiming fraud by landlord. The court ruled for tenant. The last rent charged to prior tenant was $1,044.52 per month and landlord then charged tenant $1,500...

Trial Must Determine If Default Formula Applied to Each Overcharge Claim in Class Action

March 27, 2025    

Tenants sued landlord in a class action, claiming rent overcharges resulting from an alleged scheme to charge market-rate rents for apartments while collecting J-51 tax benefits. Landlord denied tenants' claims...

Landlord Challenges Application of Default Formula to Rent Overcharge Claims

March 27, 2025    

Tenants lived in a building that was subject to HUD oversight until April 12, 2011, when the building became subject to the Rent Stabilization Law. Under landlord’s Use Agreement with HUD, tenants who had been...

Appeals Court Upholds DHCR's Decision that On-Time Discounted Rent Was Improper Late Charge

March 26, 2025    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, finding that an on-time discounted rent provided for in tenant's lease wasn't a preferential rent but instead amounted to an...