TRIPLE DAMAGES DENIED

DHCR Applies Safe Harbor Rule on Appeal to Eliminate Triple Damages

July 27, 2021    

Tenant in a building receiving J-51 tax benefits complained of rent overcharge in 2017. The DRA ruled for tenant and found that: (a) the apartment had been rent controlled until 2012 when it became vacant; (b)...

No Triple Damages in Case Involving J-51 Building and Mistaken Deregulation

June 22, 2021    

Tenant complained in 2017 of rent overcharge and improper deregulation of her apartment, located in a building receiving J-51 tax benefits. The DRA ruled for tenant and ordered landlord to refund $12,727 including...

No Triple Damages for Tenant Who Wouldn't Accept Overcharge Refund

April 26, 2021    

Tenant complained to the DHCR in 2013 of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant in part. The apartment was rent stabilized, the legal base date rent was the $1,300 paid...

Rent Administrator Miscalculated Rent Overcharge

March 29, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found that no refund was owed because landlord already issued a refund to tenant in response to the complaint. The total overcharge...

No Triple Damages Despite Partial Disallowance of IAI Rent Increase

March 25, 2021    

Tenants complained to the DHCR in 2016, claiming rent overcharge and improper deregulation of their apartment. The DRA ruled for tenants and ordered landlord to refund $59,238, including interest.

Improper Deregulation and Rent Overcharge Not Based on Fraud

December 7, 2020    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that tenant was no longer rent stabilized because the building's J-51 tax benefits had expired in 1996. The DHCR ruled for tenant, after looking...

Landlord Reasonably Believed Apartment Was Deregulated

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR sent the case back to the DRA after HSTPA amended rent overcharge provisions in June 2019 to expand...

Apartment Was Improperly Deregulated But Overcharge Was Only $387

November 23, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant in 2014 and found that the apartment was deregulated based on a May 1, 2003, exit registration filed by...

Tenant Improperly Sublet Parking Space

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge for a garage space only after landlord raised his monthly parking space charge from $112 to $115. Landlord claimed that the parking space wasn't subject to...

Rent Overcharge Due to Discounted IAI Rent Increases Wasn't Willful

September 26, 2020    

Tenant complained of rent overcharge in 2010. The DRA ruled against tenant, who appealed and won in part. The DHCR disallowed some of landlord's claimed individual apartment improvements (IAIs), which had been...

Overcharge Based on Unsubstantiated 49-Year Longevity Increase Wasn't Willful

August 26, 2020    

The DHCR's Tenant Protection Unit (TPU) did an individual apartment improvement (IAI) audit of tenant's rent-stabilized apartment and found that landlord's claimed IAIs didn't support the apartment...

Six-Year Rule Applied to Overcharge Claim Pending When HSTPA Took Effect

February 15, 2020    

Landlord condominium unit owner sued to evict tenant from the unit. Tenant claimed that he was rent stabilized because the building received J-51 tax benefits and that he had been overcharged. The court ruled for...