RENT OVERCHARGE

Landlord Proved Cost of Individual Apartment Improvements

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. Her initial monthly rent in June 2015 was $1,500. The prior tenant's last rent was $753. The DRA ruled for tenant but found an overcharge totalling only $66....

Triple Damages Applied When Overcharge Refunded Late

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the total overcharge was $11,407, including triple damages. Since landlord had refunded $13,750, landlord owed no further...

Court Rules That DHCR Should Decide Overcharge Claim

April 26, 2019    

Unregulated tenant sued landlord for rent overcharge and claimed improper deregulation of her apartment. Tenant moved into the apartment in May 2012 at a monthly rent of $3,900, and renewed her lease three times. The...

Triple Damages Based on Service Reduction Order

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,766, including interest. The overcharge was based on a service reduction order, in effect until July...

Tenant Presented No Basis for Rent History Review

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued, for the first time in her PAR, that there were fraudulent...

Tenant Can't Present Proof for the First Time on Appeal

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,150, including triple damages and interest. Tenant appealed and lost. Among other things, the DRA's...

Landlord, Tenant LLC, and LLC Member All Responsible for Overcharge Refund to Subtenant

April 25, 2019    

Subtenant complained of illusory prime tenancy and rent overcharge by tenant. Tenant had rented more than one apartment from landlord since 1995. The DRA ruled for subtenant and found an overcharge totaling $201,593...

Default Method Used to Determine Rent Overcharge

April 23, 2019    

The DHCR commenced an administrative proceeding against landlord for rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed, and the DHCR denied...

Landlord Didn't Submit Rent History Records

March 19, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $71,480, including triple damages and interest. Landlord appealed and lost. Landlord claimed that the apartment had been...

Base Date Rent Reduced to Preferential Rent

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,454.74, including interest. Landlord appealed and lost. For the first time on appeal, landlord...

Rent Increase for IAIs Based on Apartment Renovation

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord's individual apartment improvements (IAIs) should have been...

No Fraud by Landlord in Connection with Rent Overcharge Claim

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant had paid a preferential rent since the base date. Tenant appealed and won in part. Tenant correctly...