RENT OVERCHARGE

Pre-Base Date IAIs Sufficiently Documented and Didn't Show Rent Fraud

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in early 2019. The DRA found that the four-year base date rent of $2,050 per month was legal but froze that rent based on landlord's failure to file annual...

Landlord's Unlawful On-Time Rent Provision Resulted in Willful Rent Overcharge

March 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2016 of rent overcharge based on a higher rent charged when tenant paid her monthly rent late. The DRA ruled for tenant and ordered landlord to refund $3,915,...

Triple Damages Revoked in Pre-HSTPA Overcharge Case

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge prior to June 14, 2019. The DRA ruled for tenant and ordered landlord to refund $1,936, including triple damages and interest. Landlord appealed and won, in part....

Landlord Failed to Prove It Submitted IAI Documentation to the DRA

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including triple damages and interest. Landlord appealed and lost. Although landlord...

Court Reopens Case Where 421-a Tenants Claim Improper Preferential Rents

February 22, 2023    

Tenants of a 421-a building sued landlord for rent overcharge and sought injunctive relief. They claimed that landlord violated the Rent Stabilization Law and Code in 2014 when initial legal regulated rents were...

Triple Damages Didn't Apply to Overcharge Refunded in Response to Pre-HSTPA Complaint

February 22, 2023    

Rent-stabilized tenant complained of a rent overcharge in 2018 that he argued resulted from landlord's claimed individual apartment improvement (IAI) costs. Landlord agreed there was an overcharge and refunded...

Landlord Didn't Document Preferential Rent in Renewal Leases

February 22, 2023    

A Yonkers rent-stabilized tenant filed a specific rent overcharge complaint with the DHCR in 2018. He argued that his 2015 vacancy lease set forth a legal regulated rent (LRR) of $957 per month and a preferential...

DHCR Can Consider Pre-Base Date Overcharge Ruling When Deciding New Complaint

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant, finding that the base rent date was June 1, 2011, which was six years prior to the filing of tenant's complaint and finding...

Landlord Proved Costs for Rent Increase Based on IAIs

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and found a total overcharge of $1,864. Tenant appealed and lost. Tenant questioned landlord's claim that it spent $...

Landlord Waived Rent Increase for Two-Year Renewal Lease Period

February 22, 2023    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $5,120 with triple damages. But, since tenant owed landlord $14,975 in back rent, no...

Overcharge Resulted from Base Date Rent Freeze for Failure to Register

February 21, 2023    

Tenant complained of rent overcharge and improper deregulation of her apartment. Tenant moved into the unit on June 1, 2016, under a non-stabilized lease at a rent of $2,500 per month. Landlord had registered the...

Court Recalculates Rent Overcharge Findings Based on Default Formula

January 30, 2023    

Thirteen tenants sued landlord for rent overcharge and fraudulent deregulation of apartments in their building. In 2021, The court ruled for a number of the tenants, finding rent overcharges subject to the default...