RENT OVERCHARGE

DHCR Can't Re-examine Rent History Period Covered in Prior DHCR Overcharge Order

September 25, 2020    

(Decision submitted by attorney Paola Arzeno-Barbano of the Manhattan law firm of Kossoff, PLLC, attorneys for the landlord.)

Tenant complained of rent overcharge. The DRA ruled against tenant,...

Application of Time Period for Lookback Requires More Factfinding

September 22, 2020    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed rent overcharge. Landlord then discontinued the eviction claim, but the court considered tenant's request to...

Application of Regina Decision Reduces Overcharge Finding by Over $30,000

September 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant in August 2019 and ordered landlord to refund $90,673, including triple damages.

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No Proof of Fraud Warranting Rent Overcharge Lookback Beyond Four Years

September 21, 2020    

Tenant sued landlord in 2014, claiming that his apartment was unlawfully deregulated and that he had been overcharged. Tenant claimed that his legal monthly rent was $628 based on the last amount validly registered...

Tenant Overcharged Roommate, But Roommate Stopped Paying Rent

August 26, 2020    

Rent-stabilized tenant's roommate complained that tenant overcharged him by charging him a disproportionate share of the apartment rent. The DRA ruled against the roommate because, although he was overcharged on...

Triple Damages Due on Rent Overcharge Due to Incomplete Refund

August 26, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including triple damages. Tenant appealed to the DHCR and lost, then filed an Article 78 court...

No Overcharge Where Apartment Was Properly Vacancy Deregulated

August 26, 2020    

Tenant complained of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2011....

MCI Increases Collectible Before Rent Reduction Order Were Added to Rent

August 26, 2020    

Rent-stabilized tenant complained of rent overcharge based on a prior DHCR rent reduction order. The DRA ruled for tenant and ordered landlord to refund $1,873, including triple damages. Landlord appealed and won, in...

Overcharge Based on Unsubstantiated 49-Year Longevity Increase Wasn't Willful

August 26, 2020    

The DHCR's Tenant Protection Unit (TPU) did an individual apartment improvement (IAI) audit of tenant's rent-stabilized apartment and found that landlord's claimed IAIs didn't support the apartment...

Rent Overcharge Claim Dismissed Based on Four-Year Lookback Period

August 19, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge and fraudulent rent increases. The court ruled for landlord and dismissed the case. Since the case was filed before HSTPA amended the law in June 2019,...

Apartment Already Deregulated When Tenant Moved In

August 18, 2020    

Tenant sued landlord for rent overcharge in connection with two apartments in the same building. Tenant had lived in  Apt. 6 from 2007 through April 2014, then moved into Apt. 4 under a written agreement with...

Landlord's Request to Dismiss Proposed Class Action Was Premature

August 18, 2020    

Tenants of four buildings sued landlord for  improper deregulation and rent overcharge in a proposed class action lawsuit. Tenants claimed that all four building were enrolled in the J-1 tax benefit program and...