RENT OVERCHARGE

No Proof of Fraud to Warrant Rent History Review

May 25, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,259, including interest and triple damages. Tenant appealed and lost. Tenant argued that the DRA should have reviewed...

Landlord Must Divide Overcharge Refund Among Co-Tenants

May 25, 2019    

Deregulated tenant complained to the DHCR of rent overcharge and improper deregulation. Tenant moved in on Jan. 1, 2013, at a monthly rent of $2,550. Prior tenant's last rent was $849. Landlord claimed that it...

Landlord Submitted Sufficient Proof of IAIs

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to refund $1,700 because landlord charged tenant a two-month rather than a one-month security deposit. Tenant...

Rent-Stabilized Tenant Can't Prove Fraud

May 25, 2019    

Landlord sued to evict tenant, who claimed rent overcharge. The court granted landlord's request to dismiss tenant's overcharge claim. Tenant appealed and lost. Assuming the apartment was rent stabilized,...

Appeals Court Affirms $102,000 Rent Overcharge Award to Tenant

May 24, 2019    

Landlord sued to evict rent-stabilized tenant, who claimed improper vacancy deregulation and rent overcharge. The court ruled for tenant and ordered landlord to refund $102,000 in overcharges. Landlord appealed and...

No Overcharge Collected from Tenant of Improperly Deregulated Apartment

May 24, 2019    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case without trial. The court ruled for landlord. The building received J-51 tax benefits...

Rent Frozen Until Landlord Files Missing Annual Rent Registrations

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $17,560, including triple damages. Landlord appealed and lost. The base date rent in September 2012 was $...

No Triple Damages Where Tenant Owed Significant Rent Arrears

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found an overcharge of $4,225, including interest. But no refund was due since tenant owed $54,000 in back rent. Tenant appealed and lost. Tenant claimed...

Legal Rent Reduced Based on Improper Conditional Rent Concession Clause

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,220, including interest and triple damages. The DRA found that landlord offered tenant a temporary...

No Overcharge Refund Due Where Tenant Owes More in Back Rent

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge refund was due. Although the DRA noted that there was an overcharge of $640, tenant owed landlord $19,000 in...

DHCR Can't Retroactively Apply Amended RSC Provision on Setting Rent After Temporary Exemption

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $22,365, including interest. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then...

Landlord Entitled to Set New Rent After Base-Date Vacancy Occurring Before 2014

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including interest. Landlord appealed and won. The apartment had been vacant on the base date...