TRIPLE DAMAGES DENIED

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...

Landlord Avoided Triple Damages by Timely Overcharge Refund

November 22, 2021    

Rent-stabilized tenant complained to the DHCR of rent overcharge and improper apartment deregulation in 2016. Landlord answered that it reasonably believed the apartment had been vacancy deregulated before tenant...

No Triple Damages for Overcharge Based on Rent Reduction Order

November 22, 2021    

Rent-stabilized tenant complained in 2017 of rent overcharge based on landlord's failure to comply with a 2006 rent reduction order. The DRA ruled for tenant and ordered landlord to refund $38,114, including...

No Triple Damages for Overcharge Based on Rent Reduction Order

November 22, 2021    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2017, based on landlord's failure to comply with a rent freeze resulting from a rent reduction order. The DRA ruled for tenant and ordered...

Landlord's Incorrect Collection of Rent Increases from 421-a Tenants Wasn't Willful

November 18, 2021    

Rent-stabilized tenants sued landlord, claiming fraud in connection with rent overcharges. Tenants lived in a 421-a building and claimed landlord improperly charged them 2.2 percent annual rent increases in...

Landlord Mistakenly Deregulated J-51 Building Apartment Before 2009

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and directed landlord to refund $11,308, including interest and triple damages. Landlord appealed and won in part. Landlord had...

Triple Damages Didn't Apply for Period of Rent Overcharge in Pre-HSTPA Case

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and directed landlord to refund a total overcharge of $2,792, including interest. Tenant appealed and lost. Tenant claimed that...

No Willful Overcharge Where Landlord Followed pre-Roberts DHCR Policy

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,924, with interest. Landlord had refunded more than this amount to tenant in response to the complaint...

No Rent Fraud Where Landlord Set New Rent After Base Date Vacancy

September 24, 2021    

Rent-stabilized tenants complained of rent overcharge in 2007. The DRA ruled for tenants and ordered landlord to refund $2,951, including interest. Tenants appealed, claiming that landlord had fraudulently set the...