TRIPLE DAMAGES DENIED

Landlord Must Refund Overcharge Resulting from Rent Reduction Order

December 19, 2022    

Rent-stabilized tenant complained of rent overcharge based on landlord's failure to comply with a prior DHCR rent reduction order. The DRA found that the legal base date rent was $1,135.18 per month. But the base...

No Fraud Found in Connection with Rent Overcharge

November 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on overcharges occurring while a DHCR service reduction order was in effect. But no refund was ordered based on tenant...

Rent Overcharge Wasn't Willful

November 22, 2022    

The roommate of prior rent-stabilized tenant complained of rent overcharge in 2015. The DRA ruled for the roommate, found that she was a lawful successor tenant, and ordered landlord to refund $6,757, including...

Rent Overcharge Occurring After Temporary Exemption Wasn't Willful

April 15, 2022    

Tenant complained of rent overcharge and improper apartment deregulation. The unit had been temporarily exempt from rent stabilization before tenant moved in, and landlord then set the next rent as deregulated, at an...

DHCR Applies Regina Case Four-Year Rule to Set Base Date Rent and Calculate $64K Overcharge

March 29, 2022    

Tenant complained of rent overcharge and fraudulent deregulation in 2017. He moved into the apartment at an unregulated rent of $3,995 in 2009. By the time he filed his complaint his monthly rent was $6,052. Tenant...

No Triple Damages Where Landlord Inadvertently Failed to Preserve Preferential Rent

March 23, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018 and claimed fraud by landlord after landlord discontinued a claimed preferential rent. The DRA ruled against tenant and found no overcharge.

No Triple Damages Where Overcharge Resulted from Failure to Register Apartment

February 18, 2022    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $4,275, including triple damages.

Total Overcharge for SCRIE Tenant Included Interest But Not Triple Damages

February 18, 2022    

The DHCR's Tenant Protection Unit (TPU) conducted an audit investigation of an apartment's rent increases in 2017. TPU then determined that the unit's legal registered rent wasn't fully substantiated...

Tenant Refunded Overcharge to Subtenants While Complaint Was Pending

January 25, 2022    

Subtenants complained that rent-stabilized tenant had overcharged them. The DRA ruled for the subtenants, finding that there was an overcharge of $19,467, including triple damages. Rent-stabilized tenants can't...

Landlord Reduced Tenant's Rent Prior to Rent Overcharge Finding

January 24, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in part, finding there had been an overcharge that had been refunded, so no money was owed to tenant.

No Triple Damages for Overcharge Due to Mistaken Deregulation in J-51 Building

December 21, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $7,413, including interest and triple damages. Landlord appealed and challenged the triple damage...

Incorrect IAI Rent Increase Calculation Wasn't a Willful Overcharge

December 21, 2021    

The DHCR's Tenant Protection Unit (TPU) referred a rent overcharge complaint to the DRA after an audit investigation determined that the legal rent registered for an apartment wasn't fully substantiated. The...