RENT OVERCHARGE

Legal Rent Set at Amount of Preferential Rent Where Higher Rent Not Preserved in Records

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and set the legal regulated rent at $1,556 per month. Landlord appealed and lost. Landlord claimed that the amount of $1,556...

Tenant Didn't Prove Landlord Waived Appliance Surcharges

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge based on claimed improper air conditioner and washing machine surcharge fees collected by landlord. The DRA ruled against tenant because tenant...

Landlord Not Required to Maintain IAI Records for More Than Four Years for 2017 Overcharge Claim

August 26, 2024    

Tenant complained to the DHCR in 2017 of improper apartment deregulation and rent overcharge. The DRA ruled for tenant and directed landlord to refund $19,800, including triple damages.

Proof of IAIs for Bathroom Replacement Proved No Rent Overcharge

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including interest and triple damages. Landlord appealed, claiming that the DRA failed to...

No Overcharge Owed to Tenant Whose Rent Arrears Exceeded Any Refund Due

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding some overcharge but also finding that rent arrears were more than the $5,117 overcharge found. So landlord owed no refund to...

Successor Tenant Entitled to Overcharges Only Since Date His Lease Commenced

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in May 2018, and pointed out that the DHCR had issued a rent reduction order in 2008. That order reduced the apartment rent to $1 per month. Tenant had...

Tenant's Colorable Claim of Rent Fraud Warrants Pre-Trial Discovery

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed rent overcharge. In May 2023 tenant asked for permission to amend her answer to plead a common law fraudulent scheme to deregulate the...

No Indicia of Rent Fraud Bars Reviewing Rent History Back to 1993

July 26, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2022. Tenant had lived in the unit since 1997. Among other things, he claimed fraudulent rent overcharge, and asked the court for permission to...

Tenants Can Pursue Class Action Based on Claim That Landlord Improperly Used Rent Concessions

July 26, 2024    

Tenant sued landlord, claiming that she was charged more than the maximum legal rent under rent stabilization while the building received RPTL Section 421-a tax benefits. Tenant claimed that landlord engaged in a...

1996 Rent Reduction Order Resulted in Overcharge for Claim Filed in 2016

July 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2016. The DHCR ruled for tenant. A DHCR rent reduction order had been in effect since 1996. So, the rent freeze resulting from that order remained...

Tenant Awarded Over $195,000 in Rent Overcharges

July 25, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed improper deregulation of her apartment and rent overcharge. The trial court ruled for tenant, finding that the base date rent was...

Landlord Can Collect MCI Rent Hike Effective Before Date of Rent Reduction Order

July 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and, after finding that landlord already had given tenant a rent credit in December 2023 for $1,802, directed landlord to...