RENT OVERCHARGE

Lower Court Must Recalculate Overcharge Liability Under HSTPA

January 27, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. In July 2018, the court granted tenant's request to dismiss the case and awarded tenant $8,112 on a rent...

Landlord Performed Claimed Apartment Improvements

January 27, 2020    

Tenant complained to the DHCR of rent overcharge, claiming that his apartment had been improperly deregulated. The DHCR ruled against tenant, who then filed an Article 78 court appeal. Tenant claimed that the DHCR...

Failure to Obtain Lease Records at Building Purchase No Defense

December 18, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $31,500, including triple damages. Landlord appealed and lost. Landlord argued that it didn't own the building at the...

Rent Increases for Unproven IAIs Were Properly Disallowed

December 18, 2019    

Tenant complained of rent overcharge and landlord's refusal to give her a rent-stabilized renewal lease. Tenant moved into the apartment in 2005 under a one-year lease at $1,300 per month. Landlord claimed that...

Partial Refund Insufficient to Prevent Triple Damages

December 17, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $13,000, including triple damages. Landlord appealed and lost. A pre-base date lease...

Landlord Waived Vacancy Increase by Charging Lower Rent

December 17, 2019    

Tenant complained of rent overcharge. Landlord claimed that the apartment was deregulated. The DRA ruled for tenant. Landlord appealed and lost. Tenant moved into the apartment on Feb. 1, 2015, at a monthly rent of $...

Landlord Waited Too Long to Collect Retroactive Rent Increases

December 17, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord had waived its right to collect retroactive rent increases under Rent Guideline Board Orders 40 and 41, authorized...

Garage Overcharges Based on Default Formula Included Triple Damages

December 17, 2019    

Rent-stabilized tenants complained of rent overcharge in connection with building parking charges. The DRA ruled for tenants after landlord failed to answer the complaint and directed landlord to refund $18,000 for a...

Court Applies Six-Year Statute of Limitations to Overcharge Counterclaim in Pending Case

December 16, 2019    

Landlord sued to evict rent-stabilized tenant after tenant refused to renew his lease. Tenant claimed rent overcharge. After trial in 2019, the court gave the parties six weeks to submit written post-trial memos....

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

December 16, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed an Article 78...

Landlord Didn't Answer Rent Administrator's Notice of Complaint

December 16, 2019    

Former tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint, and ordered landlord to refund an overcharge with triple damages....

Landlord Didn't Preserve Legal Regulated Rent

December 16, 2019    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment while the building received J-51 tax benefits. Landlord argued there was no overcharge because tenant paid a preferential...