RENT OVERCHARGE

DHCR Properly Set On-Time Discounted Rent as Legal Regulated Rent

March 26, 2025    

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

Rent Overcharge Properly Determined Using Default Method

March 24, 2025    

Tenant complained to the DHCR in October 2019 of rent overcharge and improper apartment deregulation. Landlord claimed that the apartment was vacancy deregulated in 2014, before tenant moved into the unit in 2017....

No Rent Overcharge Occurred While Tenant Was Building Super and Paid No Rent

March 24, 2025    

Tenant complained to the DHCR in 2016 of rent overcharge. He claimed that he moved into the apartment in 1984, was rent stabilized until 2003 when he became the building superintendent, then paid no rent and had no...

No Waiver Under HSTPA of Triple Damages for De Minimis Overcharge

March 24, 2025    

Tenant complained to the DHCR of rent overcharge, claiming that she moved into the apartment in 1999, that her current share of her subsidized rent was $199 per month, and that landlord was improperly charging her...

Tenant's Overcharge Claim Was Resolved in Prior Court Proceeding

March 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. In response, landlord showed that tenant had raised these claims in a prior nonpayment proceeding that landlord had commenced...

DHCR Properly Applied Rent Payments to Calculate Total Overcharge

March 24, 2025    

Tenant complained to the DHCR in 2020 of rent overcharge based on rent reduction orders, illegal fees/surcharges, and missing apartment registrations. The DRA ruled for tenant and directed a total refund of $4,632,...

No Rent Overcharge Found Despite Outstanding Rent Reduction Order

March 24, 2025    

Rent-stabilized tenant complained in December 2019 to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $1,478, including triple damages, for the period...

Landlord Overcharged Rent-Controlled Tenant

March 24, 2025    

Rent-controlled tenant complained to the DHCR in 2022 of rent overcharge. She claimed that there were improper Maximum Base Rent (MBR) calculations in the apartment's rent history since 1960. Landlord claimed...

Base Date Rent Set by Default Formula Because No Lease or Ledger Submitted

March 24, 2025    

Rent-stabilized tenant complained of rent overcharge in 2023. The DRA ruled for tenant and ordered landlord to refund $8,144, including triple damages and interest. Because landlord failed to submit a lease and/or...

Tenant's Preferential Rent Must Remain in Place Upon Lease Renewal

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

On-Time Rent Clause Reduced Claimed Preferential Rent to Legal Regulated Rent

February 25, 2025    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $15,873, including triple damages. Landlord appealed and lost. The DRA had properly...

Small Rent Overpayment by ERAP Must Be Refunded to OTDA

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $9,943, including triple damages and interest. The DRA noted that, after a partial refund already granted...