Court Finds Rent Overcharge of $83,669 for Tenant of Improperly Deregulated Apartment

August 21, 2018

LVT Number: #28584

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Tenant moved into the apartment in 1999 at a monthly rent of $1,400. In 2017, landlord advised tenant that her lease wouldn't be renewed. The apartment was last registered as rent stabilized in 1998 at a monthly rent of $1,022. The court ruled for tenant and ordered a refund of $83,669, including triple damages and interest. The court found that landlord collected unlawful rent overcharges before filing late rent registrations in 2017.

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Tenant moved into the apartment in 1999 at a monthly rent of $1,400. In 2017, landlord advised tenant that her lease wouldn't be renewed. The apartment was last registered as rent stabilized in 1998 at a monthly rent of $1,022. The court ruled for tenant and ordered a refund of $83,669, including triple damages and interest. The court found that landlord collected unlawful rent overcharges before filing late rent registrations in 2017. The court also ruled that the last registered rent of $1,022 in 1998 was the lawful and frozen base rent and that any rent charged or collected above that amount since May 2013 constituted a rent overcharge.

Grady v. Hessert Realty LP: Index No. 153565/2017, 2018 NY Slip Op 31398(U) (Sup. Ct. NY; 6/27/18; Jaffe, J)

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