RENT OVERCHARGE

Tenants Sufficiently Presented Claims of Overcharge and Improper Deregulation

January 25, 2025    

Various building tenants sued landlord, claiming rent overcharge and improper deregulation of their apartments, which they claimed were rent stabilized. They also claimed breach of the warranty of habitability for...

Landlord Can Amend Answer to Overcharge Claim

January 25, 2025    

Tenant sued landlord in 2018, claiming that he was rent stabilized, that landlord falsely represented to him that his apartment was deregulated, that he had been overcharged, and that landlord engaged in an unlawful...

DHCR's Finding of No Rent Overcharge Upheld as Rational and Based on Record

January 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DHCR ruled against tenant, finding no overcharge and that landlord had registered the unit as rent stabilized. Tenant then...

DHCR Must Go Back More Than Four Years to Calculate Legal Rent in Pre-HSTPA Case

January 24, 2025    

Rent-stabilized tenant applied to the DHCR for a calculation of the legal regulated rent for his apartment. The DRA ruled in 2020 that the legal rent was $1,161.90 per month at the expiration of the most recent...

Rent Overcharge of $150,000 Results from Outstanding Rent Reduction Order

January 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $150,249, including interest and triple damages. The overcharge finding was based on...

Landlord Properly Increased Tenant's Preferential Rents Under Applicable Law

January 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that landlord improperly increased the...

DHCR Reverses Claim That It Didn't Receive Landlord's Answer to Rent Overcharge Complaint

January 24, 2025    

Tenant complained to DHCR of rent overcharge. The DRA ruled for tenant in 2023 based on landlord's supposed failure to answer tenant's complaint. Landlord appealed, claiming it answered tenant's complaint...

Rent Overcharge Decided Using Default Formula

January 24, 2025    

The DHCR's Tenant Protection Unit (TPU) reviewed 2014 and 2015 rent registrations for an apartment and conducted a rent audit, requesting rent history documentation from landlord. Landlord didn't comply after...

Apartment Was Properly Deregulated Based on Vacancy and IAI Rent Increases

January 24, 2025    

Tenant complained to the DHCR in February 2019 of rent overcharge and improper deregulation of her apartment. She challenged her preferential rent, denied there was a higher legal regulated rent, and objected to...

Tenant Can't Challenge Pre-Base Date Rent Increases Absent Showing of Fraud

January 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. Tenant had moved into the unit in 2009 at a monthly rent of $1,600. She claimed that her rent had been illegally increased through the years...

IAI Rent Increase Complied with Rent Stabilization Requirements

January 22, 2025    

Tenant complained to the DHCR of rent overcharge in 2020. Tenant claimed that, when she moved into the unit in 2017, landlord had made improper individual apartment improvements (IAIs), without permits and using...

Rent Freeze Resulted from Prior Rent Reduction Order

January 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in July 2019. She claimed that landlord had increased her rent without a renewal lease. Landlord claimed that tenant had refused to sign a renewal...