RENT OVERCHARGE

Landlord Proved Cost of Individual Apartment Improvements

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2019. Tenant had moved into the unit in 2018 under a vacancy lease with a legal regulated rent of $2,059 and a preferential rent of $1,725. Among...

DHCR Won't Consider Rent History Records Submitted by Landlord for First Time on Appeal

January 26, 2024    

The DHCR's Tenant Protection Unit (TPU) conducted an investigation of an apartment to determine its legal regulated rent (LRR). When landlord failed to respond to a 2016 TPU subpoena for rent records, TPU...

Landlord Collected Reduced Rent Payment from Tenant Who Got DRIE Benefits

January 26, 2024    

Rent-stabilized tenant complained to the DHCR in 2019 of rent overcharge. Tenant claimed that landlord ignored the fact that tenant had received DRIE benefits, which had frozen the portion of monthly rent collectible...

Triple Damages on $96,000 Overcharge Revoked

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant. Because there was a 1989 DHCR service/rent reduction order in place on the 2013 base date, the legal regulated rent...

Was Rent Concession Granted to Initial 421-a Building Tenants Instead an Improper Preferential Rent?

January 22, 2024    

Tenant in a building receiving RPTL Section 421-a tax benefits sued landlord for rent overcharge. Tenant claimed that landlord engaged in a scheme to evade the rent stabilization law by using rent concessions to...

Overcharge Resulted from Misinterpretation of Apartment Status While J-51 Tax Benefits in Effect

January 22, 2024    

(Decision submitted by Elizabeth Lentini, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant Included No Overcharge Claim with His Lease Violation Complaint

January 5, 2024    

In 2013, tenant complained to the DHCR that landlord failed to offer him a rent-stabilized renewal lease. Tenant didn't complain at that time of rent overcharge but asked for a ruling that the unit was subject to...

Tenants Must Present Indicia of Fraud to Apply Default Formula to Overcharge Claim

December 20, 2023    

Tenants sued landlord for rent overcharge. The court ruled for tenants without trial and set the matter down for a hearing to calculate overcharges under the default formula set forth in Rent Stabilization Code...

Tenants Claim Court Order Barred Rent Collection Due to Invalid C of O

December 19, 2023    

Tenants complained to the DHCR of rent overcharge in early 2019. They claimed that landlord illegally rented rent-stabilized apartments in the building without a proper Certificate of Occupancy (C of O). They said...

Overcharges Due to Failure to Register Apartment Eliminated by Filing Before DRA Ruling

December 19, 2023    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant and froze the rent at a pre-base date amount due to landlord's failure to file annual rent registrations from 2007 onward....

HSTPA Doesn't Apply to Overcharge Complaint Filed in Early 2019

December 19, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed for the first time in her PAR that the...

Rent Overcharge Resulting from 1995 Rent Reduction Order Included Triple Damages

December 19, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in late 2018. Specifically, tenant claimed that landlord charged improper MCI rent increases between Sept. 1 - Dec. 31, 2018. Landlord had bought the...