TRIPLE DAMAGES DENIED

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...

New Owner Not Responsible for Triple Damages Chargeable to Net Lessee

October 23, 2019    

Tenants sued landlords in 2013  for rent overcharge and improper deregulation of their apartments. The court found that tenants were rent stabilized, that there were overcharges based on fraud, and that triple...

Refund Delay Resulted from Landlord's Attempt to Apportion Refund Owed to DSS

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,955, including triple damages and interest and reflecting a prior refund of $18,177. The overcharge...

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...