RENT OVERCHARGE

Court Permits Pre-Trial Questioning by Tenant Claiming Fraudulent Rent Overcharge

April 25, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed that there was a fraudulent rent overcharge and asked the court for permission to conduct pretrial questioning....

Did Landlord Fraudulently Maintain Apartment Deregulation Post-Roberts?

April 25, 2025    

Current and former building tenants sued landlord, claiming improper deregulation and rent overcharge. The building had received J-51 tax benefits since 1986. Landlord had received an opinion letter from the DHCR in...

Reasonable Reliance on Landlord's Actions Not Needed to Prove Fraud in Overcharge Case

April 25, 2025    

Tenants in a 421-a building sued landlord in 2020, claiming that prior landlord unlawfully registered inflated initial rents for their rent-stabilized apartments. Tenants claimed that this was a fraudulent scheme to...

HSTPA Amendments Didn't Apply to Overcharge Complaint Filed in 2018

April 23, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $1,410 with interest after applying a small refund credit. No triple damages were...

Overcharge Resulted from Failure to Preserve Preferential Rent

April 23, 2025    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $20,688 including triple damages and after subtracting $42,401 in rent arrears owed by tenant. The...

No Triple Damages Applied to Rent Overcharge for Improperly Deregulated Apartment

April 23, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020, and claimed that landlord collected more than the permissible Rent Guidelines Board (RGB) increase from 2009-2020. Landlord claimed that...

Unsigned Court Stipulation Had No Effect on DHCR Finding of No Overcharge

April 23, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. She claimed that the $510 monthly rent she paid in September 2020 included an overcharge due to outstanding rent reduction orders and missing...

No Rent Overcharge Where Tenant Agreed to Transfer to Unregulated Apartment

April 23, 2025    

Tenant complained to the DHCR in 2023 of rent overcharge resulting from unlawful deregulation of his apartment. Tenant had moved into the apartment in 2020 under an unregulated lease with a monthly rent of $2,150....

No Rent Overcharge Found for Rent-Controlled Tenant

April 22, 2025    

Rent-controlled tenant complained of rent overcharge. He said landlord improperly calculated the 2022-2023 Maximum Base Rent (MBR) for his apartment as $2662.80 instead of $2,622.80. In response, landlord claimed...

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

April 22, 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. The DRA had found that the legal base date rent was $1,410.48...

DHCR Can't Order Tenant to Pay Back Rent Owed After Dismissing Overcharge Claim

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2024. The DRA ruled for tenant in part, finding that the base date legal regulated rent (LRR) was $1,473 per month, that as of May 1, 2022, the LRR...

Overcharge Was Based on DHCR Rent Freeze and Court-Ordered Rent Abatement

April 22, 2025    

A Mount Vernon tenant complained to the DHCR of rent overcharge in 2022. Tenant also complained that landlord didn't renew his lease. The DRA ruled for tenant. Based on a prior DHCR rent reduction order, tenant...