TRIPLE DAMAGES DENIED

Triple Damages Revoked in Pre-HSTPA Overcharge Case

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge prior to June 14, 2019. The DRA ruled for tenant and ordered landlord to refund $1,936, including triple damages and interest. Landlord appealed and won, in part....

Triple Damages Didn't Apply to Overcharge Refunded in Response to Pre-HSTPA Complaint

February 22, 2023    

Rent-stabilized tenant complained of a rent overcharge in 2018 that he argued resulted from landlord's claimed individual apartment improvement (IAI) costs. Landlord agreed there was an overcharge and refunded...

Overcharge Resulted from Base Date Rent Freeze for Failure to Register

February 21, 2023    

Tenant complained of rent overcharge and improper deregulation of her apartment. Tenant moved into the unit on June 1, 2016, under a non-stabilized lease at a rent of $2,500 per month. Landlord had registered the...

Landlord Who Refunded Overcharge Before Final Notice Avoids Triple Damages in Pre-HSTPA Case

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. In July 2022, the DRA sent landlord a final notice that triple damages would be imposed on an overcharge of $8,748 based on incorrect rent...

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...