RENT OVERCHARGE

Landlord Must Refund $147,000 Rent Overcharge

May 23, 2019    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. The DRA ruled for tenant and directed landlord to refund $147,510, including interest and triple damages. Landlord...

Rent Overcharge Resulted from 1993 Rent Reduction Order

May 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, based on a 1993 rent reduction order that had remained in place. The DRA ordered landlord to refund $30,825, including interest....

Landlord Overcharged Improperly Deregulated Tenant in J-51 Building

May 10, 2019    

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized and that landlord had overcharged him. The court ruled for tenant, dismissed the case, and awarded...

Landlord Omitted Legal Regulated Rent from One Renewal Lease Listing Preferential Rent

April 28, 2019    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant's Daughter Was Entitled to Raise Rent Overcharge Claim

April 28, 2019    

Rent-stabilized tenant's daughter complained of rent overcharge. The DRA ruled for tenant's daughter and ordered landlord to refund $32,695, including interest. Landlord and tenant both appealed and lost....

Landlord Collected Two Vacancy Increases During One Calendar Year

April 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the total overcharge, including triple damages, was $10,397. Since landlord had refunded more than that amount to tenant,...

Landlord Proved Lawful Vacancy Deregulation of Apartment

April 26, 2019    

Unregulated tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The base rent date for tenant...

Landlord Can't Prove It Didn't Receive Notice of Overcharge Complaint

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $25,471, including interest and triple damages. Landlord appealed and lost. Landlord claimed that he didn...

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...