RENT OVERCHARGE

Tenant Presented No Basis for Rent History Review

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued, for the first time in her PAR, that there were fraudulent...

Tenant Can't Present Proof for the First Time on Appeal

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,150, including triple damages and interest. Tenant appealed and lost. Among other things, the DRA's...

Landlord, Tenant LLC, and LLC Member All Responsible for Overcharge Refund to Subtenant

April 25, 2019    

Subtenant complained of illusory prime tenancy and rent overcharge by tenant. Tenant had rented more than one apartment from landlord since 1995. The DRA ruled for subtenant and found an overcharge totaling $201,593...

Default Method Used to Determine Rent Overcharge

April 23, 2019    

The DHCR commenced an administrative proceeding against landlord for rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed, and the DHCR denied...

Landlord Didn't Submit Rent History Records

March 19, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $71,480, including triple damages and interest. Landlord appealed and lost. Landlord claimed that the apartment had been...

Base Date Rent Reduced to Preferential Rent

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,454.74, including interest. Landlord appealed and lost. For the first time on appeal, landlord...

Rent Increase for IAIs Based on Apartment Renovation

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord's individual apartment improvements (IAIs) should have been...

No Fraud by Landlord in Connection with Rent Overcharge Claim

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant had paid a preferential rent since the base date. Tenant appealed and won in part. Tenant correctly...

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...