RENT OVERCHARGE

No Fraud Found in Connection with Rent Overcharge

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,662, including triple damages and interest. Tenant appealed and lost. Tenant claimed that landlord had...

Tenant Who Transferred Didn't Retain Prior Rental Rate

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that she moved from Apt. 2A to 3A at landlord's request and that landlord then impermissibly increased her rent. The DRA ruled against tenant,...

No Overcharge Where Court Previously Approved Settlement

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In a prior housing court eviction proceeding based on nonpayment of rent, landlord and tenant signed a...

Landlord Applied Temporary Exemption Rule in Effect When Tenant Moved In

December 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,697, including interest. Landlord and tenant both appealed. The DHCR ruled against landlord, who...

Rent Overcharge Determined for Rent-Controlled Tenant

December 24, 2018    

Rent-controlled tenant complained of rent overcharge in 2017, claiming that landlord improperly calculated the maximum base rent (MBR) for 20 years and that he paid $1,948 per month. The DRA ruled for tenant and...

Was There a Fraudulent Scheme to Deregulate Tenant's Apartment?

December 23, 2018    

Tenant complained of rent overcharge and claimed landlord engaged in a fraudulent scheme to deregulate her apartment. The DRA ruled for tenant in part, finding a rent overcharge of $15,790, including interest, based...

DHCR Correctly Found Overcharge Was Willful and Imposed Triple Damages

December 21, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 appeal, and the court sent the case back to the DHCR for reconsideration. The DHCR appealed and won. The...

Landlord Who Reduced Initial Rent Set by HPD Reduced Legal Regulated Rent

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. At some point, tenant claimed rent overcharge and argued that her monthly $1,500 rent was the legal rent, not a preferential rent. Tenant asked...

Landlord Collected Full Rent While Rent Reduction Order Was in Effect

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $14,885, including interest. Landlord appealed and lost. The rent overcharge finding was based on a DHCR...

Landlord Deregulated Apartment Under Prior Rule Permitting Deregulation After Owner Occupancy

November 25, 2018    

(Decision submitted by Karen Schwartz-Sidrane, Esq. of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant complained of rent overcharge and...

Leases Showed Both Legal Regulated Rents and Preferential Rents

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord misrepresented a preferential rent that tenant...

Landlord Collected Two Vacancy Increases in Same Calendar Year

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that it had made individual apartment improvements (IAIs) to the apartment before tenant moved in and paid a contractor $10,000 to replace all...