RENT OVERCHARGE

Look-Back Period in Pending Case Extended from Four to Six Years

February 12, 2020    

Tenants commenced a class action against landlord for rent overcharge and improper deregulation of a building receiving J-51 tax benefits. After the Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended...

Tub Reglazing Was Repair, Not Individual Apartment Improvement

January 29, 2020    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, awarding triple damages and attorneys' fees. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision was...

Court Must Recalculate Overcharge

January 29, 2020    

Tenant sued landlord, claiming improper deregulation of her apartment, that she was rent stabilized, and that she was overcharged. The court ruled for tenant and ordered landlord to refund rent overcharges.

Pending Overcharge Case Reopened to Apply Six-Year Statute of Limitations

January 29, 2020    

Unregulated tenant sued landlord, claiming that his apartment had been illegally deregulated, that he was rent stabilized, and that he had been overcharged. The court ruled for tenant, finding that he was entitled to...

Tenants of J-51 Building Can Pursue Class Action Status

January 29, 2020    

Building tenants sued landlord, claiming rent overcharge and other violations of the rent stabilization law. Tenants also sought designation to proceed with the case as a class action. The court dismissed tenants...

Tenant Can Withdraw DHCR Complaint and File Claim in State Court Instead

January 28, 2020    

Rent-stabilized tenant complained to the DHCR of rent overcharge. Later, in March 2019, tenant's attorney wrote to the DRA and stated that tenant wished to withdraw his complaint because he wanted to file an...

DRA Mistakenly Ruled That Apartment Was Deregulated

January 28, 2020    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA found that the apartment's legal rent on April 27, 2011, was over the monthly deregulation threshold of $2,000...

Tenant Can Withdraw Pending Overcharge Claim Without Notice to Landlord

January 28, 2020    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA later terminated and dismissed the proceeding based on a withdrawal letter submitted by tenant's attorney. Tenant's attorney advised...

DHCR Won't Consider Settlement Agreement Tenant Didn't Send to DRA

January 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a rent overcharge of $15,357. But, since tenant hadn't paid rent from March 2015 to May 2016, the overcharge was offset by...

Pending Rent Overcharge Appeal Now Subject to Six-Year Base Date

January 28, 2020    

Tenant complained of rent overcharge. After some prior determination and PAR remand order, the DRA ruled against tenant in January 2019. The DRA found that landlord proved the installation of individual apartment...

On-Time Rent Payment Discount Was Unlawful

January 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced tenant's rent. Tenant's lease provided for a substantial rent discount every month as long as tenant paid rent...

Actual Base Date Rent Was Legal Rent

January 28, 2020    

Tenant complained of rent overcharge and lease violations, claiming that her apartment was unlawfully deregulated. The DRA ruled for tenant, finding a rent overcharge of $4,200 including triple damages. The DRA also...