TRIPLE DAMAGES ORDERED

Triple Damages Applied to Rent Overcharge Based on Disallowed IAIs

September 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $50,000, including triple damages. Landlord and tenant both appealed and lost. Landlord claimed that the...

Landlord Must Refund $45,000 in Rent Overcharges

September 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $45,000, including triple damages. Landlord appealed and lost. Landlord claimed that the building was...

Tenant Who Signed Commercial Lease Was Rent Stabilized

September 28, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $17,733, including triple damages plus interest. Landlord and tenant both appealed and lost. Tenant argued that the DRA...

Landlord Must Refund Overcharge Based on 1987 Rent Reduction Orders

September 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge based on two 1987 DHCR rent reduction orders that were still in effect. Landlord argued that it had bought the...

Triple Damages Warranted Despite Prior Foreclosure

September 27, 2017    

Tenant complained of rent overcharge, and claimed that his apartment was improperly deregulated. The DRA ruled for tenant and ordered landlord to refund $45,000, including triple damages. Landlord appealed and lost....

Landlord Must Refund $132,000 Overcharge Based on Fraudulent Deregulation

September 24, 2017    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenant.)

Painting and Sheetrock Excluded from Approved IAI Costs

June 27, 2017    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment. Landlord submitted proof in support of IAIs performed in 2013 before a vacancy rent...

Overcharge Resulting from Improper Deregulation Results in Triple Damages

June 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $8,500, including triple damages and interest. But no refund was due because tenant owed landlord back rent of $14,550....

Triple Damages Charged for Overcharge Based on Rent Reduction Order

June 26, 2017    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord continued to collect full rent despite issuance of a rent reduction order based on a reduction in required services. The DRA ruled for...

16-Year Longevity Increase Properly Applied

May 29, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages and attorney's fees. Landlord appealed and lost. Among other things, the DHCR found...

DHCR Can Review Pre-Base Date Rent History

May 25, 2017    

Tenant complained of rent overcharge in 2009, claiming that when she moved into the apartment in 2004 at a monthly rent of $2,700, she was given an improper deregulated lease. Tenant said that the building was...

Delayed Overcharge Refund Didn't Overcome Presumption of Willfulness

April 26, 2017    

Tenant complained of rent overcharge in 2014, claiming that landlord continued to collect rent increases after a prior rent reduction order froze tenant’s rent. The DRA ruled for tenant and ordered landlord to...

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