TRIPLE DAMAGES DENIED

No Triple Damages for Overcharge Found Through Adjustment of Pre-Base Date Rent

June 27, 2018    

(Decision submitted by Ronald S. Languedoc of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Rent of Improperly Deregulated Apartment Frozen at Last Registered Rent

May 27, 2018    

Landlord sued to evict unregulated tenant. Tenant claimed that his apartment was improperly deregulated and that he was overcharged. The court ruled for tenant. Prior landlord last registered the apartment as rent...

Landlord Omitted Legal and Preferential Rents from One Lease

March 27, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,680, including triple damages for willful rent overcharge. Landlord appealed and won, in part. The DHCR...

Apartment Improperly Deregulated During Receipt of J-51 Tax Benefits

March 27, 2018    

Tenant complained of rent overcharge, claiming that landlord had improperly deregulated his apartment in a J-51 building. The DRA ruled for tenant, finding the base date rent of $1,925 was legal but that there had...

Landlord Refunded Most of Overcharge Before Rent Administrator Ruled on Complaint

February 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,776, including triple damages. Landlord appealed and won, claiming that there was no willful overcharge...

Landlord Refunded Overcharge Resulting from Rent Reduction Orders

January 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $11,995, including interest and triple damages. Landlord appealed and won, in part. The overcharge...

No Triple Damages Where Landlord Bought Building in Foreclosure Sale

January 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, disallowed some of the individual apartment improvement (IAI) increases claimed by landlord, and ordered landlord to refund $1,302,...

DHCR Applied Amended Rules for Setting Rent After Temporary Exemption from Stabilization

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,700, including interest. Landlord and tenant both appealed and lost. Landlord claimed that the...

Landlord Sent Refund in Response to DHCR Complaint

November 21, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding willful overcharge, and ordered landlord to refund $34,400, including $16,300 in triple damages. Landlord appealed, claiming...

No Triple Damages Where Landlord Promptly Refunded Rent Overcharge

September 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found that no refund was required because landlord had already refunded to tenant the overcharge plus interest in an amount that was...

No Overcharge for $100 Air Conditioning Fee Included in Initial Rent

August 25, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $58,490, including triple damages and interest. The DRA found that a prior DHCR order permitting a change...

Legal Rent of Apartment Calculated as Average of Comparable Rents

May 29, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $22,365, including interest. The DRA found that, since the apartment was temporarily exempt on the base rent date, tenant...

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