RENT OVERCHARGE

DHCR Properly Applied Rent Payments to Calculate Total Overcharge

March 24, 2025    

Tenant complained to the DHCR in 2020 of rent overcharge based on rent reduction orders, illegal fees/surcharges, and missing apartment registrations. The DRA ruled for tenant and directed a total refund of $4,632,...

No Rent Overcharge Found Despite Outstanding Rent Reduction Order

March 24, 2025    

Rent-stabilized tenant complained in December 2019 to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $1,478, including triple damages, for the period...

Landlord Overcharged Rent-Controlled Tenant

March 24, 2025    

Rent-controlled tenant complained to the DHCR in 2022 of rent overcharge. She claimed that there were improper Maximum Base Rent (MBR) calculations in the apartment's rent history since 1960. Landlord claimed...

Base Date Rent Set by Default Formula Because No Lease or Ledger Submitted

March 24, 2025    

Rent-stabilized tenant complained of rent overcharge in 2023. The DRA ruled for tenant and ordered landlord to refund $8,144, including triple damages and interest. Because landlord failed to submit a lease and/or...

Tenant's Preferential Rent Must Remain in Place Upon Lease Renewal

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

On-Time Rent Clause Reduced Claimed Preferential Rent to Legal Regulated Rent

February 25, 2025    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $15,873, including triple damages. Landlord appealed and lost. The DRA had properly...

Small Rent Overpayment by ERAP Must Be Refunded to OTDA

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $9,943, including triple damages and interest. The DRA noted that, after a partial refund already granted...

New Landlord Responsible for Willful Rent Overcharge Based on Prior Rent Reduction Order

February 25, 2025    

Rent-stabilized tenant complained to the DHCR on June 25, 2019, of rent overcharge. The DRA ruled for tenant and ordered a refund of $50,869, including triple damages, for overcharges occurring between 2015 and 2023...

Legal Rent When Tenant Changed Units Remained Rent Collected for First Unit

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,170, including triple damages. Tenant appealed and won. Tenant argued that the actual overcharge was...

Interest Revoked on Portion of Rent Overcharge Refunded Before DHCR Ruling Issued

February 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding that landlord collected $3,500 per month for 18 months when the legal rent was $2,903. The DRA directed landlord to...

Default Formula Applied to Set Base Date Rent Where No Rent History Records Supplied

February 24, 2025    

In 2017, the DHCR's Rent Administrator opened a rent overcharge proceeding upon referral from the agency's Tenant Protection Unit (TPU). In June 2021, the DRA requested from landlord complete rent history...

Default Formula Properly Applied to Overcharge Claim

February 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. Despite a number of granted extensions, landlord didn't submit any rent history records. The DRA then ruled for tenant and set the base...