TRIPLE DAMAGES ORDERED

Triple Damages Applied to Overcharge Based on Prior Rent Reduction Order

July 27, 2021    

The DHCR's Tenant Protection Unit (TPU) audited landlord for noncompliance with two DHCR rent reduction orders that froze tenant's rent. Based on landlord's failure to resolve the matter with TPU, TPU...

Triple Damages Correctly Applied to Rent Overcharge

June 22, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and denied landlord's PAR. Landlord then filed an Article 78 court appeal of the DHCR's decision. The court ruled against...

DHCR Overcharge Proceeding Initiated by TPU Referral Was Proper

May 5, 2021    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2016. The DRA ruled for tenant and ordered landlord to refund overcharges that included triple damages. The DHCR denied landlord's petition for...

Landlord Continued Collecting Overcharge After Making Partial Refund

April 26, 2021    

Tenant in a rent-stabilized building subject to J-51 tax benefits complained to the DHCR in October 2012 of rent overcharge. Landlord claimed that it acknowledged the overcharge in accordance with the 2009 ...

Willful Rent Overcharge of $175K Based on 2002 Rent Reduction Order

April 26, 2021    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2017. Tenant had moved into the apartment in 2010. The DRA ruled for tenant. The base rent date was Apr. 27, 2013. The DRA had issued a separate...

Landlord Couldn't Collect 2.2% Rent Increase from Tenant Without 421-a Lease Rider

March 24, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $4,950, including triple damages for willful overcharge.

Landlord Submitted No Proof of Claimed IAIs

January 25, 2021    

Tenant sued landlord in 2011, claiming fraudulent improper deregulation of her apartment and rent overcharge. Landlord claimed that the unit had been properly vacancy deregulated. The trial court ruled for tenant,...

Triple Damages Properly Applied to Rent Overcharge

December 18, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding that he was rent stabilized and had been overcharged. Landlord was ordered to refund the overcharge...

No Proof Overcharge Wasn't Willful

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,065, including triple damages. Landlord appealed and lost. Landlord argued that the overcharge wasn...

TPU Audit Led to Overcharge Finding of $87,000

November 23, 2020    

In May 2015, the DHCR's Tenant Protection Unit (TPU) commenced an audit of an apartment rent in landlord's building and, as a result, directed landlord to adjust the legal regulated rent. When landlord didn...

Default Formula Applied Where No Base Date Lease or Rent Ledger Available

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,640, including triple damages. The DRA also set the base date rent as $1,400 per month based on the pre...

1999 Rent Reduction Order Still in Effect

October 28, 2020    

Landlord sued to evict unregulated tenant after sending a 30-day termination notice. The court ruled for landlord after holding an inquest when tenant failed to appear in court. Tenant was evicted in October 2018 but...