TRIPLE DAMAGES DENIED

Overcharge Resulted from Charging 1/40th IAI Rent Increase, Instead of 1/60th

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,430, including interest. Tenant appealed and lost. In response to the overcharge complaint, landlord...

Overcharge Finding Based on 2002 Rent Reduction Order Goes Back Only Four Years

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including interest. The overcharge finding was based on a 2002 rent reduction order that had...

Landlord Made Good Faith Attempts to Correct Overcharge Error

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,000, including interest and triple damages. Landlord appealed, claiming that triple damages were...

No Triple Damages Where Tenant Owed Significant Rent Arrears

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found an overcharge of $4,225, including interest. But no refund was due since tenant owed $54,000 in back rent. Tenant appealed and lost. Tenant claimed...

No Fraud by Landlord in Connection with Rent Overcharge Claim

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant had paid a preferential rent since the base date. Tenant appealed and won in part. Tenant correctly...

Some IAI Costs Disallowed Based on Insufficient Proof

March 19, 2019    

The DHCR's Tenant Protection Unit (TPU) conducted an audit of individual apartment improvements (IAIs) claimed by landlord for tenant's apartment. The TPU disallowed all the IAIs based on records submitted by...

Landlord Refunded Substantial Portion of Overcharge

March 18, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge in the amount of $12,039, including interest. The overcharge was based on landlord's collection of rent...

Rent Overcharge Resulted from Improper Deregulation While Building Under J-51

February 25, 2019    

Tenant sued landlord, claiming that his apartment was improperly deregulated while the building received J-51 tax benefits. Tenant also claimed rent overcharge. The court ruled for tenant in part. Tenant's...

No Triple Damages for Overcharge Resulting from Rent Reduction Orders

January 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,987, including interest. The DRA found that the overcharge resulted from a series of rent reduction...

Landlord Didn't Sufficiently Prove IAIs

December 26, 2018    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit of an apartment rent based on a review of rent registrations. Based on landlord's failure to comply with the...

Landlord Deregulated Apartment Under Prior Rule Permitting Deregulation After Owner Occupancy

November 25, 2018    

(Decision submitted by Karen Schwartz-Sidrane, Esq. of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant complained of rent overcharge and...

Rent Overcharge Based on Unproved IAI Costs Wasn't Willful

September 26, 2018    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89,000, including interest. Landlord and tenant both appealed and lost. Landlord claimed that the DRA improperly...