RENT OVERCHARGE

Landlord Failed to Preserve Legal Regulated Rent and Preferential Rent in Leases

July 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled for tenant, finding that the overcharge resulted by the landlord waiving its right to charge a higher legal rent when it...

No Rent Fraud or Rent Overcharge Found

July 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge on July 9, 2019. Tenant had moved into the apartment on Dec. 1, 2002, 17 years earlier. The DRA dismissed tenant's complaint after landlord...

Tenant Claims Rent Concession Was Improper Preferential Rent in 421-a Building

June 26, 2024    

Tenant in a building receiving 421-a tax benefits sued landlord, claiming rent overcharge and violations of the Rent Stabilization Law. Tenant also sought to make the case a class action. The court denied landlord...

Landlord Didn't Overcharge Tenant for Ancillary Parking Space

June 24, 2024    

Rent-stabilized tenant complained of rent overcharge, claiming that he was improperly charged for a parking space at his building. The DRA ruled against tenant, finding that tenant was charged apartment rent and...

Landlord Mistakenly Claims That Overcharge Issue Was Already Resolved

June 24, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $13,906, including interest and triple damages. Landlord appealed and lost. Landlord claimed that it wasn...

Landlord's Miscalculation of MCI Rent Hike Results in Triple Damages

June 24, 2024    

Rent-stabilized tenant who had lived in her apartment since 1985 complained to the DHCR of rent overcharge in 2017. She claimed that landlord was seeking to increase her rent by more than the permissible 6 percent...

Appeals Court Upholds Dismissal of Tenants' Untimely Rent Overcharge Claim

May 24, 2024    

Landlord sued rent-stabilized tenants in State Supreme Court, seeking recovery of $59,000 in back rent now owed since tenants stopped paying rent in March 2020. Tenants responded with claims of rent overcharge. They...

Appeals Court Upholds DHCR's Dismissal of Tenant's Rent Overcharge Complaint

May 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, who filed an Article 78 court appeal and lost. The court and appeals court didn't find that the DHCR's ruling...

No Rent Fraud Found Where Landlord Believed Apartment Had Been Deregulated

May 23, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DRA ruled for tenant and directed landlord to refund $258. Tenant appealed and lost.

Rent Overcharge Determined Using Sampling Method Default Formula

May 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund $7,640, including triple damages. Tenant appealed, claiming that the pre-base date rent...

Landlord Improperly Discontinued Preferential Rent

May 22, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of improper deregulation of her apartment and rent overcharge. The DRA ruled for tenant, finding that the apartment was rent stabilized and that tenant'...

No Triple Damages in Overcharge Case in Light of Refund Made to Tenants

May 21, 2024    

Rent-stabilized tenants complained to the DHCR in 2017 of rent overcharge. The DRA ruled against tenants based on RSC Section 2520.11(r)(5) and the 2018 Court of Appeals ruling in Altman v. 285 W. Fourth LLC...