RENT OVERCHARGE

Landlord Must Refund $118,730 Based on 1989 Rent Reduction Order

July 26, 2023    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant. Although there was a four-year lookback period, an outstanding 1989 rent reduction order required the DRA to freeze tenant's $1,...

Landlord Waived Lawful Rent Increases

July 25, 2023    

Rent-stabilized tenant in Yonkers complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $576, including triple damages. Landlord appealed and lost. Landlord had waived the...

Failure to Attach DHCR Rent Stabilization Riders to Renewal Leases Doesn't Invalidate Rents

July 25, 2023    

Rent-stabilized tenant complained to the DHCR in February 2019 that he had been overcharged. Tenant argued that landlord made false claims that individual apartment improvements (IAIs) made before tenant moved into...

Landlord Proved Lawful IAIs Cost Almost $65,000

July 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenant, finding that landlord had proved it spent $64,984 on individual apartment improvements (IAIs) before tenant...

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...