RENT OVERCHARGE

DHCR Didn't Reduce Rent Overcharge Finding Based on Unpaid Rent

July 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA found that an overcharge resulted from landlord's rent increase of $16.29 per month to tenant's vacancy lease based on an unproven...

No Triple Damages for Pre-HSTPA Overcharge Finding

July 24, 2023    

(Decision submitted by Mary D. Milone, Esq. of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

Four-Year Statute of Limitations Applied to Pre-HSTPA Overcharge Claims

June 28, 2023    

Building tenants sued landlord, claiming rent overcharge damages. In the class action suit, the court ruled that: (a) tenants were entitled only to damages that occurred prior to the filing of their complaint; (b)...

Building Tenants Were Rent Stabilized and Entitled to Rent Overcharge Findings

June 28, 2023    

Tenants sued landlord seeking a declaratory judgment and rent overcharge refunds with triple damages dating back to 2015. Landlord claimed that the apartments in question had been luxury deregulated. Landlord relied...

Apartment Was Vacancy-Deregulated Before Complaining Tenant Moved In

June 27, 2023    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $4,058, including triple damages. However, since tenant owed back rent more than that amount when the...

Tenant Proves Disputed Amount of Lease Rent with Rent Receipts

June 27, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge, claiming that rent charged and collected from Oct. 31, 2014, through June 31, 2017, included illegal fees and surcharges. Tenant also claimed that landlord...

Landlord Must Refund Small Overcharge Resulting from DRIE Calculation Error

June 27, 2023    

Tenant complained to the DHCR of rent overcharge. Tenant received a Disability Rent Increase Exemption (DRIE). This froze her collectible rent at $923.38 per month, but landlord changed the amount on a lease...

Lower Rent Paid as On-Time Rent Concession Payment Became Legal Regulated Rent

May 23, 2023    

Rent-stabilized tenant complained to the DHCR in 2015 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $37,183, including triple damages. Landlord appealed and lost. Landlord claimed that...

Triple Damages Applied to Rent Overcharge Even Though Tenants Still Owed Back Rent

May 23, 2023    

Rent-stabilized tenants complained of rent overcharge. The DRA ruled for tenants, finding a total overcharge of $826, including triple damages. Since tenants owed landlord over $20,000 in unpaid rent, the DRA did not...

Triple Damages Applied to Overcharge Resulting from Rent Reduction Order

May 23, 2023    

Rent-stabilized tenant complained of rent overcharge based, in part, on landlord's failure to lower the collectible rent for his apartment in accordance with a 1986 rent reduction order issued by the DHCR. The...

Tenant's Rent-Stabilized Rent Legally Set by HPD Regulatory Agreement

May 23, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. HPD had set the monthly legal regulated rent for tenant's apartment at $1,420 effective Feb. 26, 2013, in...

Court Permits Tenant Claiming Fraud to Subpoena Building-Wide Rent Registration Records

May 23, 2023    

Tenant sued landlord, claiming rent overcharge and a fraudulent scheme to evade the Rent Stabilization Law. After starting the lawsuit, tenant sent the DHCR a subpoena for registration rent roll reports for the...