TRIPLE DAMAGES ORDERED

Indications of Fraud Warranted Overcharge Finding

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge, fraud, and improper apartment deregulation before the base rent date. The DRA ruled for tenant and ordered landlord to refund $132,175, including interest and...

Unreliable Base Date Rent Yields $117,000 Overcharge Finding

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge. Tenant moved into the apartment in 1984 and said that, between 1992 and 2009, landlord treated the apartment as deregulated although the building was receiving J-...

Triple Damages Applied Where Individual Apartment Improvements Were Disproved

November 27, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered a refund with triple damages. Landlord appealed and lost. The DRA properly granted a rent increase for individual apartment...

Triple Damages Applied Absent Proof of Judicial Sale

October 30, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and imposed triple damages. Landlord appealed and lost. The DRA found that a rent reduction order issued on June 14, 2012, with an...

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....

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