RENT OVERCHARGE

Tenant Moved Out Before Rent Stabilization Coverage Began at Building

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. Landlord pointed out that it had signed an Assurance of Discontinuance with...

Rent Overcharge Based on Miscalculation of MCI Rent Hike Included Triple Damages

August 28, 2023    

Rent-stabilized tenant complained of rent overcharge based on a disputed MCI rent increase. The DRA ruled for tenant and found an overcharge of $544, including triple damages.

DHCR Must Review Whether Apartment Was Properly Deregulated

August 28, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding insufficient evidence of fraud and that the apartment had been vacancy deregulated...

Willful Rent Overcharge of Over $109,000 Resulted from Prior Rent Reduction Order

August 28, 2023    

Rent-stabilized tenant complained to the DHCR in December 2018 of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $109,283, including triple damages and interest. The DRA found that the base...

Court Dismisses Tenants' Claim of Fraudulent Rent Overcharge

July 26, 2023    

Landlord sued rent-stabilized tenants in State Supreme Court, seeking recovery of $59,000 in back rent now owed since tenants stopped paying rent in March 2020. Tenants responded with claims of rent overcharge. They...

Tenant Showed No Colorable Overcharge Claim Warranting Vacatur of 2019 Settlement Agreement

July 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2019. The parties signed a settlement agreement so-ordered by the court. Several year later, tenant claimed that he had signed the agreement...

Landlord Who Refunded Overcharge Almost Four Years After Complaint Filed Avoids Triple Damages

July 26, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $38,315, including triple damages. Landlord appealed and won. Landlord pointed out that it...

Collecting Rent Increase from Rent-Stabilized Tenant Without Renewing Lease Resulted in Overcharge

July 26, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant in part, setting the lawful monthly rent at $1,632 and finding a total overcharge $1,344, but directed no rent...

Landlord Must Refund $118,730 Based on 1989 Rent Reduction Order

July 26, 2023    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant. Although there was a four-year lookback period, an outstanding 1989 rent reduction order required the DRA to freeze tenant's $1,...

Landlord Waived Lawful Rent Increases

July 25, 2023    

Rent-stabilized tenant in Yonkers complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $576, including triple damages. Landlord appealed and lost. Landlord had waived the...

Failure to Attach DHCR Rent Stabilization Riders to Renewal Leases Doesn't Invalidate Rents

July 25, 2023    

Rent-stabilized tenant complained to the DHCR in February 2019 that he had been overcharged. Tenant argued that landlord made false claims that individual apartment improvements (IAIs) made before tenant moved into...

Landlord Proved Lawful IAIs Cost Almost $65,000

July 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenant, finding that landlord had proved it spent $64,984 on individual apartment improvements (IAIs) before tenant...