RENT OVERCHARGE

No Triple Damages Where Landlord Refunded Overcharge in Response to Complaint

November 21, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge and unlawful apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $24,962, including triple damages. Landlord appealed, claiming...

Continued Collection of Rent Increase During Rent Freeze Required Triple Damages

November 21, 2023    

Tenant complained to the DHCR in May 2019 of rent overcharge. She claimed that an outstanding rent reduction order had been issued and made effective on Sept. 1, 2025, without a proper reduction in her rent. The DRA...

Rent Overcharge with Triple Damages Found Due to Pre-Base Date Rent Reduction Orders

November 21, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and ordered landlord to refund $32,726, including interest and triple damages. The overcharge was based on two...

DHCR Must Re-examine Whether Apartment Was Exempt from Rent Stabilization

November 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2020 that he was being overcharged. The DRA ruled against tenant, finding that the apartment was vacancy-deregulated in March 2017 when tenant moved in. Tenant...

Rent Overcharge Resulting from Missing IAI Documentation Wasn't Willful

November 20, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018, noting that the apartment rent had increased from $765.82 to $1,500 when he moved into the unit in 2015. Landlord answered that the tenant...

Untimely Fair Market Rent Appeal Converted to Rent Overcharge Proceeding

November 20, 2023    

Rent-stabilized tenant filed a fair market rent appeal with the DHCR in 2015. She was the first rent-stabilized tenant after rent control and her initial rent in 2005 was $1,800 per month. Tenant also claimed that...

Fraudulent Scheme to Deregulate Includes Inflation of Rents Leading to Future Deregulation

October 27, 2023    

Building tenants sued landlord for rent overcharges and engaging in a fraudulent scheme to deregulate various apartments. Among other things, tenants asked the court to rule on several key elements of their claims...

Court Permits Pretrial Questioning Back to 1984

October 27, 2023    

Tenants filed a class action lawsuit against landlord in 2018 for rent overcharges. The court rejected landlord's request to limit pretrial questioning and document production to a four-year period and instead...

No Rent Fraud Where Landlord of J-51 Building Relied on DHCR Policy Later Overruled

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge with interest equal to $22,014. Since landlord had refunded $44,709 to tenant while the...

Landlord Proves It Never Received Notice of Overcharge Complaint

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and applied the default formula to set the 2014 base date rent because landlord failed to provide a lease and/or rent ledger in effect on...

Appeals Court Finds Tenants' Claim of Fraud Insufficient

October 26, 2023    

Tenants in a J-51 building sued landlord in a class action, claiming rent overcharges and improper deregulation. The court ruled for tenants without trial and found that the legal regulated rents for their apartments...

Court Permits Limited Pre-Trial Questioning in Connection with Rent Fraud Claim

October 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court for permission to conduct discovery. She claimed rent overcharge and said there were questions about fraud because landlord...