RENT OVERCHARGE

Tenants Claim Court Order Barred Rent Collection Due to Invalid C of O

December 19, 2023    

Tenants complained to the DHCR of rent overcharge in early 2019. They claimed that landlord illegally rented rent-stabilized apartments in the building without a proper Certificate of Occupancy (C of O). They said...

Overcharges Due to Failure to Register Apartment Eliminated by Filing Before DRA Ruling

December 19, 2023    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant and froze the rent at a pre-base date amount due to landlord's failure to file annual rent registrations from 2007 onward....

HSTPA Doesn't Apply to Overcharge Complaint Filed in Early 2019

December 19, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed for the first time in her PAR that the...

Rent Overcharge Resulting from 1995 Rent Reduction Order Included Triple Damages

December 19, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in late 2018. Specifically, tenant claimed that landlord charged improper MCI rent increases between Sept. 1 - Dec. 31, 2018. Landlord had bought the...

Apartment in Building that Had Received J-51 Tax Benefits Was Properly Vacancy-Deregulated

December 18, 2023    

Tenant complained to the DHCR in 2020 of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the apartment had been lawfully vacancy-deregulated in 2014 when the...

DHCR Won't Consider IAI Documentation Submitted for the First Time with Landlord's PAR

December 18, 2023    

The DHCR's Tenant Protection Unit (TPU) brought an audit proceeding for individual apartment improvements (IAIs) made to an apartment in landlord's building based on review of rent registrations for the unit...

Tenants Presented Insufficient Proof of Fraudulent Scheme to Deregulate Apartments

November 26, 2023    

Tenants sued landlord, claiming rent overcharge and a fraudulent scheme to deregulate their J-51 building apartments. The court ruled for tenants, finding that proof of a building-wide fraudulent scheme required...

Tenant Claims Rent Concession Was Preferential Rent

November 26, 2023    

Rent-stabilized tenant sued landlord in State Supreme Court, claiming rent overcharge. Tenant proposed that the case be a class action for all building tenants, claiming that landlord collected improper rents while...

Court Denies Request for Discovery Made by Tenant Claiming Fraudulent Rent Overcharge

November 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response and among other things, tenant claimed fraudulent rent overcharge. Tenant asked the court for permission to conduct discovery reaching...

Landlord Proves No Financial Connection Between Itself and Its Contractor

November 21, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant. The DRA found that tenant moved in on July 1, 2018, at a legal rent of $3,700 after landlord...

No Proof of Rent Fraud and No Overcharge Found

November 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018.  The DRA found that tenant didn't establish a colorable claim of any fraudulent scheme to deregulate the apartment and that there was no rent...

Lease Records Given More Weight Than Rent Registration Containing Clerical Error

November 21, 2023    

Tenant complained to the DHCR in March 2019 of rent overcharge and improper deregulation. Landlord claimed that the apartment had been vacancy-deregulated when tenant moved in. Landlord submitted the prior tenant...