RENT OVERCHARGE

Rent Overcharge Calculation Must Be Revised to Reflect Regina Decision

August 18, 2020    

Current and former tenants sued landlord  in 2009 for improper deregulation and rent overcharge in several consolidated class action cases. Various apartments had been deregulated starting in 1993 although the...

Rent Overcharge Must Be Recalculated to Reflect Four-Year Lookback

August 18, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed rent overcharge and asked the court to dismiss the case. The court ruled for tenant and awarded tenant an overcharge...

Tenant Who Legally Withdrew His Complaint Can't Revive Claim

July 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA terminated the proceeding based on tenant's November 2019 agreement with landlord to withdraw all pending DHCR complaints with prejudice. Tenant then...

Tenant Can Withdraw DHCR Complaint and Sue Landlord in Court

July 21, 2020    

Tenant sued landlord claiming improper, fraudulent apartment deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Tenant had filed a complaint with the DHCR in March 2018 but later withdrew...

Tenant Can't Raise Claim, Already Decided, After HSTPA Enacted

July 21, 2020    

Tenant sued landlord for rent overcharge on July 25, 2019. Landlord argued that a court had dismissed tenant's prior rent overcharge claim in September 2018 and that tenant hadn't appealed that decision....

Tenant's Overcharge Claim Denied with Four-Year Lookback Applied

July 21, 2020    

Landlord sued to evict loft tenant. The court ruled against landlord and awarded tenant attorney's fees, but also denied tenant's rent overcharge claim. Both sides appealed. The Appellate Term ruled that...

Tenant Can Amend Complaint a Second Time Based on Regina

July 13, 2020    

Rent-stabilized tenant sued landlord for rent overcharge based on improper deregulation of his apartment while the building was receiving J-51 tax benefits. While tenant's complaint was pending, the rent...

Four-Year Lookback Didn't Bar Tenant's Reliance on 1986 Rent Reduction Order

July 13, 2020    

Rent-stabilized tenant sued landlord for rent overcharge, based on a DHCR rent reduction order issued effective May 1, 1986. Landlord asked the court to dismiss the case. The court ruled for landlord and denied...

Rent Overcharge Calculations in 421-g Case Must Follow Rule Set by Regina

June 26, 2020    

Building tenants sued landlord and claimed that, since the building received tax benefits under RPTL Section 421-g, they were subject to rent stabilization and had been overcharged. Issues raised in the case went to...

Landlord Couldn't Prove Individual Apartment Improvements

June 26, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge.  The court ruled for tenant, without trial, based on documents presented by both sides. The prior tenant's last rent was $869 per month. Tenant...

Four-Year Rule Applies to Overcharge Claims

June 25, 2020    

Building tenants sued landlord, seeking a declaration that they were rent stabilized and were overcharged. In a prior appellate ruling, a court declared that the building was subject to rent stabilization as of April...

New Landlord Claims It's Not Responsible for Old Overcharge Finding

June 25, 2020    

Former rent-stabilized tenant sued prior landlord and current landlord (NYU) in 2019, seeking enforcement of a prior court's judgment for rent overcharge in the amount of $132,985 which was issued in 2017 against...