TRIPLE DAMAGES DENIED

Landlord Who Timely Refunded Overcharge in Pre-HSTPA Proceeding Avoided Triple Damages

February 22, 2024    

Rent-stabilized tenant in a building complained to the DHCR in 2017 of rent overcharge. He had moved into the unit in 1993 and claimed that he had been overcharged for 20 years. He also claimed that landlord had...

Triple Damages on $96,000 Overcharge Revoked

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant. Because there was a 1989 DHCR service/rent reduction order in place on the 2013 base date, the legal regulated rent...

Overcharge Resulted from Misinterpretation of Apartment Status While J-51 Tax Benefits in Effect

January 22, 2024    

(Decision submitted by Elizabeth Lentini, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

No Triple Damages Where Landlord Refunded Overcharge in Response to Complaint

November 21, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge and unlawful apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $24,962, including triple damages. Landlord appealed, claiming...

Rent Overcharge Resulting from Missing IAI Documentation Wasn't Willful

November 20, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018, noting that the apartment rent had increased from $765.82 to $1,500 when he moved into the unit in 2015. Landlord answered that the tenant...

No Rent Fraud Where Landlord of J-51 Building Relied on DHCR Policy Later Overruled

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge with interest equal to $22,014. Since landlord had refunded $44,709 to tenant while the...

No Triple Damages for Overcharge Resulting from Rent Reduction Order

October 25, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found no refund was owed. The overcharge wasn't willful, and landlord had refunded more than the overcharge amount plus interest...

Landlord Who Made Full Overcharge Refund to Tenant Avoided $100K Triple Damages

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge of $197,245, including triple damages. The DRA noted that landlord had already...

Landlord Who Refunded Overcharge Almost Four Years After Complaint Filed Avoids Triple Damages

July 26, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $38,315, including triple damages. Landlord appealed and won. Landlord pointed out that it...

No Triple Damages for Pre-HSTPA Overcharge Finding

July 24, 2023    

(Decision submitted by Mary D. Milone, Esq. of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

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...

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....