RENT OVERCHARGE

IAI Rent Increase Complied with Rent Stabilization Requirements

January 22, 2025    

Tenant complained to the DHCR of rent overcharge in 2020. Tenant claimed that, when she moved into the unit in 2017, landlord had made improper individual apartment improvements (IAIs), without permits and using...

Rent Freeze Resulted from Prior Rent Reduction Order

January 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in July 2019. She claimed that landlord had increased her rent without a renewal lease. Landlord claimed that tenant had refused to sign a renewal...

Tenant in Substantially Rehabilitated Building Can't Claim Rent Overcharge

January 21, 2025    

Tenant complained of rent overcharge in 2023. The DRA ruled against tenant, who appealed and lost. The DHCR had issued a prior order in 2023 finding that tenant's building was exempt from rent stabilization based...

Triple Damages and Interest Properly Assessed Before Deducting Overcharge Refund

January 21, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in September 2019. Landlord claimed that the overcharge was an inadvertent clerical oversight and wasn't willful. Landlord also issued a $4,087...

Failure to Comply with 2008 Rent Reduction Order Led to $155,000 Rent Overcharge

January 21, 2025    

Rent-stabilized tenant complained of rent overcharge based on an outstanding rent reduction order. The DRA ruled for tenant and ordered landlord to refund $154,957, including triple damages and interest. Tenant's...

Landlord Can't Challenge MCI Room Count in DHCR Overcharge Proceeding

January 21, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled for tenant and directed landlord to refund $17,816, including triple damages and interest. Landlord appealed and lost. Landlord...

Rent Overcharge Resulted from Failure to Renew Lease and to Register Apartment

January 21, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in January 2019. The DRA ruled for tenant and directed landlord to refund $4,006, including interest and triple damages. Landlord appealed and lost....

DHCR Mistakenly Omitted Triple Damages on Overcharge Award for Post-HSTPA Complaint

January 20, 2025    

Rent-stabilized tenant complained in 2020 of rent overcharge. The DRA ruled for tenant in part, finding a rent overcharge of $9,081. But since landlord had already refunded $8,548 to tenant, landlord had to refund...

Triple Damages Revoked in Pre-HSTPA Overcharge Case

November 25, 2024    

Tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $67,000, including triple damages. The overcharge finding was based in part on a rent freeze...

Claimed IAI Increase Disallowed Due to Lack of Landlord's Credibility

November 25, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA disallowed rent increases claimed by landlord for individual apartment improvements (IAIs) and found a rent overcharge. Landlord appealed and lost....

Triple Damages Properly Assessed for Overcharge Based on Non-Itemized IAIs

November 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding that landlord failed to sufficiently prove claimed individual apartment improvements (IAIs) and directing landlord...

Total Overcharge Reduced from $20,800 to $1,295 Because DRA Omitted IAI Increase

November 24, 2024    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant, finding that the 2014 base date rent was $1,100, that tenant moved into the unit on Jan. 1, 2016, that landlord was entitled to...