RENT OVERCHARGE

No Rent Increases Permitted Where Tenant Refused to Sign Defective Renewal Leases

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant  and ordered landlord to refund $15,881, including triple damages. Landlord appealed and lost. Landlord claimed...

No Triple Damages Where Landlord Refunded More Than Amount Overcharged

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the total overcharge with triple damages was $140,625. But since landlord had already refunded $143,891, no refund was...

On-Time Rent Payment Clause Was Invalid

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018, claiming that landlord's rent increases and claimed preferential rent were improper. The DRA ruled for tenant, finding that although the tenant's...

Tub Reglazing and Smoke Detector Installation Weren't IAIs

October 23, 2024    

After an IAI audit of tenant's apartment, the DHCR's Tenant Protection Unit (TPU) referred the matter to the DRA for processing of a rent overcharge complaint. The DRA disallowed a small portion of landlord...

DHCR Must Award Triple Damages for Post-HSTPA Overcharge Complaint

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant and found that landlord owed tenant overcharges totalling $1,561 with interest. The DRA also found that landlord owed...

No Triple Damages Where Rent Arrears and Credit Were Greater Than Overcharge

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge, based on landlord's collection of the full legal regulated rent from tenant while a prior DHCR rent reduction order remained in effect. The DRA...

No Rent Increase Collected While Rent-Stabilized Tenant Was Month-to-Month

September 23, 2024    

Rent-stabilized tenant complained to the DHCR in August 2019 of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA applied an incorrect base...

Willful Rent Overcharge Resulted from Unlawful and Discontinued On-Time Rent Concession

September 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $90,000, including triple damages and interest. Landlord appealed and lost. Landlord had...

Landlord Related to IAI Contractor Proved Costs of 2018 Improvements

September 20, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. Tenant said the apartment rent was increased before he moved in based on landlord's false claims concerning individual apartment...

Guarantor Claims Overcharge by Tenant After Tenant Sues Guarantor for Subtenant's Unpaid Rent

August 27, 2024    

Rent-stabilized tenant sublet her apartment for a term from Aug. 21, 2018, to Aug. 31, 2020. After the sublease ended, tenant sued the subtenant's lease guarantor for unpaid rent and based on the subtenant's...

Triple Damages Properly Assessed in Pre-HSTPA Overcharge Proceeding

August 26, 2024    

Tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $13,025, including triple damages and interest. Among other things, the DRA ruled that landlord and...

Maximum Collectible Rent Set by DHCR Can't Be Waived

August 26, 2024    

Rent-controlled tenant complained to the DHCR of rent overcharge after receiving a notice of Maximum Collectible Rent (MCR) effective Jan. 1, 2023, indicating that the MCR was $1,529.61. Tenant claimed that she had...