RENT OVERCHARGE

No Pre-Base Date Rent History Investigation Permitted for Deregulated Unit

February 25, 2019    

Tenant complained of rent overcharge and improper deregulation of his apartment, which she claimed was rent stabilized. The DRA ruled against tenant, who appealed and lost. Landlord deregulated the apartment based on...

No Overcharge Despite Incorrect Legal Regulated Rent

February 25, 2019    

Rent-stabilized tenant complained of rent overcharge. Landlord charged tenant a preferential rent on the 2012 base date, and both the legal regulated rent and preferential rent were listed in tenant's base date...

Landlord Properly Set Initial Rent-Stabilized Rent

February 25, 2019    

Tenant complained of rent overcharge. His monthly rent was $1,720.80. The DRA ruled against tenant, who appealed and lost. The building was newly constructed, and tenant was the first tenant to move into the...

No Rent Overcharge Found Under Four-Year Rule

February 21, 2019    

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial...

On-Time Discount Rent Clause Is Invalid

January 28, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,919, including interest.

Overcharge Resulted from Collection of Owner-Affiliated Broker's Fee

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that she was charged an illegal broker's fee, application fee, key charge, and excessive late fees. The DRA ruled for tenant based on a prior DHCR...

No Fraud Found in Connection with IAIs

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that individual apartment improvements (IAIs) done by landlord were merely repairs. She also claimed that landlord was charging her a preferential rent....

Preferential Rent Charged to Tenant Was Initial Legal Regulated Rent

January 28, 2019    

Tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $34,826, including interest. Landlord then filed an Article 78 court appeal. The court sent the case back to the DHCR for...

Landlord Must Refund Overcharge with Triple Damages

January 28, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant after landlord failed to present proof of claimed individual apartment improvements (IAIs) to the...

Landlord Properly Reregulated Apartment

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord had improperly deregulated the apartment while the...

DHCR Disallowed Some Claimed IAI Costs Based on Inspection

January 28, 2019    

The DHCR's Tenant Protection Unit (TPU) audited individual apartment improvements (IAIs) to tenant's apartment, then disallowed IAI costs and directed landlord to reduce tenant's rent. Landlord objected...

Landlord Must Refund $93,000 Overcharge Due to 1988 Rent Reduction Order

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge and claimed that a rent increase based on individual apartment improvements (IAIs) was improperly calculated. The DRA ruled for tenant and ordered landlord to...