RENT OVERCHARGE

DHCR Corrected Errors in Rent Overcharge Calculation

October 25, 2023    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $8,280, including interest. Landlord appealed and won in part. Landlord claimed that...

DHCR Found $123,000 Overcharge to Tenant in 421-a Building

October 25, 2023    

Tenant complained to the DHCR of rent overcharge in January 2019 and claimed that landlord engaged in a fraudulent scheme to deregulate his apartment by misrepresenting to HPD that the building was a condominium in...

Landlord Overcharged Successor Tenant by Collecting Vacancy Increase

October 25, 2023    

Rent-stabilized tenant complained of rent overcharge in April 2019. He claimed that he was the successor tenant to his mother's apartment. After she died, landlord gave him a vacancy lease at a 20 percent rent...

Landlord Must Produce Pre-Base Date Rent History Records

September 25, 2023    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit and sought class action status. The court denied a motion by landlord to dismiss that claim, finding it...

Court Dismisses Tenant Claim of Improper Deregulation and Rent Overcharge

September 24, 2023    

Tenant sued landlord in 2022, claiming that unjustified rent increases for her formerly rent-stabilized apartment since at least 1992 resulted in improper vacancy deregulation of the unit by landlord in 2003,...

Landlord Collected Rent Overcharges Under RGBO Order Nos. 40 and 41

September 24, 2023    

Rent-stabilized 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...

Landlord Didn't Prove Claimed Individual Apartment Improvements

September 24, 2023    

Rent-stabilized 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...

Landlord's Participation in LIHTC Program Didn't Prevent DHCR from Deciding Overcharge Claim

September 24, 2023    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court...

Tenants of 421-a Building Can Pursue Rent Overcharge Claims in Class Action

September 24, 2023    

Rent-stabilized tenants of a building receiving RPTL 421-a tax benefits sued landlord in 2021, claiming that landlord improperly utilized preferential rents as part of their initial 421-a registration. Tenants asked...

DHCR Applied Default Formula to Calculate Overcharge

September 22, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and, using the default formula to set the base-date rent, found a total overcharge of $13,065, including interest and triple damages....

Landlord Didn't Waive Right to Washing Machine Surcharge from Rent-Stabilized Tenant

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, and directed landlord to refund a total overcharge with interest and triple damages totalling $4,714. But the DRA...

Prior Pre-Base Date Overcharge Ruling Applied in Response to New Tenant's Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $261,960, including interest and triple damages. Landlord appealed and lost. Landlord claimed...