RENT OVERCHARGE

DHCR Properly Relied on 1989 Rent Reduction Order to Find Rent Overcharge

April 26, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,517, including interest. Landlord appealed to the DHCR and lost. Landlord then filed an Article 78...

Default Formula Can't Be Used in Overcharge Case Involving 78 Tenants in J-51 Building

April 26, 2023    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization and that their legal regulated rents should be calculated according to Rent Stabilization...

No IAI Increase for Electrical Work Done Outside Tenant's Apartment

April 23, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant and found no overcharge. Tenant appealed and won. The DRA had noted that landlord claimed that it did individual...

Tenant's Vacancy Lease Didn't Contain Notice of Preferential Rent

April 23, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $40,051, including triple damages and interest, and after deducting $20,116 in unpaid rent that...

No Rent Overcharge Where J-51 Apartment Was Registered After Roberts and DHCR Guidance

April 23, 2023    

Tenants complained to the DHCR in 2018 of rent overcharge, claiming that from July 1, 1998, through June 30, 2015, landlord received J-51 tax benefits but had improperly deregulated their apartment. They had moved...

DHCR Can Determine Apartment's Legal Regulated Rent in Response to Tenant Application

April 23, 2023    

Tenant asked the DHCR in 2015 for an administrative determination of the legal regulated rent (LRR) of his apartment. Tenant submitted copies of his leases with the application, and pointed out that he had requested...

DHCR Properly Calculated MBR and MCR for Rent-Controlled Tenant

April 23, 2023    

In 2019, landlord asked the DHCR for a ruling to establish the legal maximum rent of tenant's rent-controlled apartment. Using the information available in the DHCR's records, which included a prior Maximum...

Court Will Reconsider Whether Rent Concessions for Initial 421-a Tenants Were Improper

March 27, 2023    

Rent-stabilized tenants of landlord's building together sued landlord claiming rent overcharge. Their building was constructed between 2014 and 2016 and was enrolled in the RPTL 421-a tax benefit program. Tenants...

Overcharge Case Sent Back to DHCR for Further Investigation

March 24, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment, which was located in a building that had received J-51 tax benefits. The DHCR ruled for tenant in part. Tenant then...

Landlord Had Improperly Deregulated Tenant's Apartment

March 23, 2023    

An unregulated tenant complained of rent overcharge and fraudulent deregulation in 2017. The DRA ruled for tenant and ordered landlord to refund $64,390, including interest. Landlord appealed to the DHCR and lost (...

Default Formula Applied to Overcharge Calculation Where No Base Date Lease Submitted

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $21,443, including triple damages. Landlord appealed and lost. The DRA correctly determined that...

Landlord Avoided Pre-HSTPA Triple Damages by Giving Tenant Rent Credit

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA found that the base date rent was lawful but that there were subsequent overcharges. The DRA ruled for tenant and ordered landlord to refund the...