RENT OVERCHARGE

New Landlord Not Responsible for Prior Landlord's Rent Overcharge

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that it bought the building in a judicial sale and therefore wasn't responsible for any rent overcharges before April 2014. The DHCR ruled...

Some IAI Costs Disallowed Based on Insufficient Proof

March 19, 2019    

The DHCR's Tenant Protection Unit (TPU) conducted an audit of individual apartment improvements (IAIs) claimed by landlord for tenant's apartment. The TPU disallowed all the IAIs based on records submitted by...

Landlord Proved Costs for Individual Apartment Improvements

March 19, 2019    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord made individual apartment improvements (IAIs) after the base date tenant moved out and that landlord properly increased tenant...

Landlord Charged Monthly Rent Increase for New Stove

March 19, 2019    

Rent-stabilized tenant complaint of rent overcharge. Specifically, tenant claimed that landlord added $12 per month to tenant's rent starting in January 2013 after landlord installed a new stove in tenant's...

Tenant Must Refund Rent Overcharge to Subtenant with Triple Damages

March 18, 2019    

Subtenant complained to the DHCR of rent overcharge. The DRA ruled for subtenant and ordered tenant to refund $1,826, including triple damages. Tenant appealed and lost. Tenant claimed that subtenant didn't pay...

Landlord Refunded Substantial Portion of Overcharge

March 18, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge in the amount of $12,039, including interest. The overcharge was based on landlord's collection of rent...

Rent-Controlled Tenant Gets Overcharge Award with Triple Damages

March 16, 2019    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. Tenant pointed to a 1976 DHCR rent reduction order. Landlord argued...

Pre-2014 Version of RSC Preferential Rent Provision Applied to Overcharge Claim

February 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced his rent, finding that a preferential rent was tenant's legal rent because landlord failed to preserve a higher legal...

Landlord Must Refund Overcharges to All Tenants Even Though Only One Complained

February 26, 2019    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment. Tenant moved into the apartment on July 15, 2014, under a one-year lease for $2,600 per month. The DRA ruled for tenant...

No Proof of Preferential Rent on Base Date

February 26, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,337, including triple damages. Landlord appealed and lost. Landlord didn't submit copies of any leases or ledgers...

Landlord Must Refund Tenant Over $800,000 in Rent Overcharges

February 26, 2019    

Tenant sued landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. The court ruled for tenant. The apartment had been last registered as rent stabilized in 2002 at a rent of $1,...

Rent Overcharge Resulted from Improper Deregulation While Building Under J-51

February 25, 2019    

Tenant sued landlord, claiming that his apartment was improperly deregulated while the building received J-51 tax benefits. Tenant also claimed rent overcharge. The court ruled for tenant in part. Tenant's...