RENT OVERCHARGE

Landlord Overcharged Tenant by Charging Illegal Broker's Fee for Apartment

June 19, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge based on a broker's fee of $3,024 charged by landlord's property manager for an apartment that rented for $1,680 per month. The DRA ruled for...

Omission of Legal Rent Amount in Renewal Lease Didn't Prevent Willful Overcharge Finding

June 19, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund a total of $137.94, including triple damages. Landlord had previously listed both a legal...

Rent Overcharge Found for Some Rent Concessions Granted in 421-Buildings

May 26, 2025    

Tenants of a three-building complex with 1,800 apartments brought a class action against landlord, claiming that rent concessions given to the initial tenants in these 421-a buildings were in fact preferential rents...

Tenants Present Insufficient Documents for Court to Find Fraudulent Scheme to Deregulate

May 26, 2025    

Tenants of 11 buildings sued landlord, claiming landlord fraudulently deregulated rent-stabilized apartments in their buildings. The court granted tenants' request for pre-trial document production by landlord,...

Landlord Fraudulently Deregulated Apartment While Getting J-51 Tax Benefits

May 23, 2025    

Tenant sued landlord in October 2019, claiming rent overcharge and improper apartment deregulation. Tenant moved into the unit in 2006 and wasn't informed that the building was receiving J-51 tax benefits at that...

Rent Fraud Exception to Base Date Review Applied Only to Post-Roberts Deregulations

May 23, 2025    

Tenants of 37 apartments sued landlord in a class action claiming improper deregulation and rent overcharge while landlord received J-51 tax benefits. In 2022, the court granted tenants' request for a decision...

Tenants' Claims of Fraudulent Deregulation Subject to Law as Amended in 2023

May 23, 2025    

Four tenants sued landlord, claiming improper, fraudulent apartment deregulation and rent overcharge. Tenants asked the court for a ruling without a trial, which the court granted in part in 2022. Tenants appealed,...

Current Landlord Responsible for Refund of Rent Overcharge by Prior Landlord

May 22, 2025    

Tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary...

Legal Regulated Rent Was Less Than "Preferential" Rent Charged

May 21, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $25,174, including triple damages. Landlord appealed and lost. Tenant's 2015...

Triple Damages Imposed for Landlord's Improper Collection of Legal Fees

May 21, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge because landlord charged to tenant, and tenant paid, legal fees in the amount of $354. The DRA ruled for tenant and found that tenant was entitled to a...

Landlord Didn't Preserve Any Preferential Rent in Base Date Lease

May 20, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. The DRA ruled for tenant and directed landlord to refund $4,469, including triple damages. Landlord appealed and lost. Landlord claimed that...

Rent Administrator Miscalculated Tenant Rent Arrears in Overcharge Calculation

May 20, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA found a total overcharge with interest of $2,696 but ordered no refund because tenant's rent arrears totaled $3,718 at the time the DRA...