LANDLORD LOSES

Landlord Can't Collect IAI Rent Increase When Default Formula Applied to Set Base Date Rent

August 22, 2022    

Three rent-stabilized co-tenants complained to the DHCR of rent overcharge. The DRA ruled for tenants and ordered landlord to refund $141,157, including triple damages. Landlord appealed and lost. The base rent date...

Landlord Must Refund Additional Rent Paid by Tenant Under Casado Decision

July 22, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. She claimed that she was being charged illegal fees or surcharges, and that landlord was billing her additional rent based on the outcome of the rent...

Tenants Can Proceed with Overcharge Case in a Class Action

July 22, 2022    

Current and former tenants of several buildings in Washington Heights sued landlord, claiming improper deregulation and rent overcharge in their J-51 building. Tenants asked the court to certify them as a class for...

New Landlord Responsible for Rent Overcharge Judgment Against Prior Landlord

June 27, 2022    

Rent-stabilized tenant sued prior landlord in 2010 for rent overcharge. In 2017, the court ruled for tenant and awarded him a money judgment representing the rent overcharge and attorney's fees. That decision was...

Court Certifies Class Action for Claims of Improper Deregulation and Rent Overcharge

June 14, 2022    

Two building tenants sued landlord for rent overcharge and asked the court for certification as a class action. In connection with that, they also asked the court to direct landlord to provide contact information for...

Tenant Reinstates Overcharge Claim in Court After HSTPA Confirms Jurisdiction

May 25, 2022    

Tenant sued both her building owner and managing agents for rent overcharge and improper deregulation of her apartment. Tenant claimed that she was rent stabilized although landlord had included a Deregulation Rider...

Tenant Claiming Rent Overcharge Can Seek Discovery in Housing Court Nonpayment Case

May 25, 2022    

Landlord sued to evict tenant in 2018 for nonpayment of rent. In response, tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning on that issue. The court ruled for tenant...

Appeals Court Permits Tenants to Sue Landlord for Rent Overcharge in Class Action

May 25, 2022    

Building tenants sued landlord for rent overcharge and asked the court for certification as a class action. The court ruled against tenants, who appealed and won.

New Landlord Must Refund Overcharge Collected by Prior Landlord

May 24, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf in 2017, and claimed that the $2,700 rent charged by landlord in December 2014 constituted an overcharge. For the...

Rent Overcharge Settlement Agreement Signed Before Regina Upheld on Appeal

April 26, 2022    

Building tenants sued landlord for rent overcharge and improper deregulation of their apartments. In 2018 the court found that landlord engaged in a fraudulent scheme to deregulate by falsely exempting some...

Subtenant Sues Landlord and Tenant to Collect on $200K Overcharge Judgment

April 26, 2022    

A subtenant sued landlord and the prime tenant of a rent-stabilized apartment for rent overcharge. Landlord and prime tenant had signed an initial lease in 1995 and then renewed the lease periodically through 2007....

Tenant Can Subpoena DHCR Rent Registration Records for Entire Building

April 25, 2022    

Tenant sued landlord, claiming rent overcharge and improper apartment deregulation. During the proceeding, tenant subpoenaed DHCR rent registration records for the entire building. Landlord objected and asked the...