RENT OVERCHARGE

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...

Appeals Court Reopens Overcharge Claims by Tenants in J-51 Building

May 23, 2023    

Tenants in a building that received J-51 tax benefits sued landlord. Tenants, who were certified as a class by the court, said they never received rent-stabilized leases from landlord, and claimed that they were...

Overcharge Claims Based on Inflated Rents Were Untimely

May 23, 2023    

Tenants sued landlord in 2020, claiming that prior landlord initially registered unlawfully inflated legal regulated rents for their rent-stabilized apartments. Tenants claimed this was a fraudulent scheme to...

DHCR Applied Regina Ruling to Overcharge Claim for Apartment in J-51 Building

May 22, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant and set the lawful stabilized rent at $1,963.81 per month as of March 1, 2022. Tenant appealed and...

Tenant Who Moved into Building After Sub Rehab Wasn't Rent Stabilized

May 22, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant shortly after the agency issued a separate order finding that the building was exempt from rent regulation due to substantial...

Tenant Can Raise Rent Fraud Claim in Response to Nonpayment Petition

April 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. At some point after initially answering the petition, tenant retained an attorney, who amended tenant's answer. The attorney later asked for...

Tenants Can Proceed with Overcharge Claims Based on Improper Rent Concessions

April 26, 2023    

Tenants sued landlord, claiming that landlord improperly manipulated the initial legal regulated rents of apartments in a 421-a building by offering tenants rent concessions. The court denied landlord's motion to...