RENT OVERCHARGE

Court Already Ruled There Was No Fraudulent Overcharge by Landlord

November 24, 2024    

Tenant complained to the DHCR in December 2019 of rent overcharge and fraudulent deregulation of his apartment. The DRA ruled for tenant in part, setting the base rent date as June 14, 2019, finding subsequent...

Rent-Controlled Tenant's Maximum Collectible Rent Remained Frozen

November 24, 2024    

Rent-controlled tenant complained to the DHCR in 2023 of rent overcharge. He claimed that landlord charged illegal fees and failed to comply with a 1991 rent reduction order. Tenant claimed that he was currently...

Owner Didn't Submit Rent History Records

November 20, 2024    

After the DHCR's Tenant Protection Unit (TPU) investigated claimed individual apartment improvements (IAIs), it referred the case to the DRA to commence rent overcharge proceedings. The DRA ruled for tenants,...

Tenant's Claim of Rent Overcharge Dismissed by Appeals Court

November 20, 2024    

Tenant sued landlord, claiming rent overcharge and improper deregulation of her apartment. Landlord asked the court to dismiss three of tenant's claims without trial. The court ruled for landlord. Tenant appealed...

Court Denies Tenant's Appeal of DHCR Order Finding No Overcharge

November 20, 2024    

Tenant complained to the DHCR of rent overcharge and fraudulent deregulation of her apartment. The DRA and DHCR ruled against tenant, finding that landlord didn't engage in a fraudulent scheme to deregulate the...

No Rent Increases Permitted Where Tenant Refused to Sign Defective Renewal Leases

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant  and ordered landlord to refund $15,881, including triple damages. Landlord appealed and lost. Landlord claimed...

No Triple Damages Where Landlord Refunded More Than Amount Overcharged

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the total overcharge with triple damages was $140,625. But since landlord had already refunded $143,891, no refund was...

On-Time Rent Payment Clause Was Invalid

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018, claiming that landlord's rent increases and claimed preferential rent were improper. The DRA ruled for tenant, finding that although the tenant's...

Tub Reglazing and Smoke Detector Installation Weren't IAIs

October 23, 2024    

After an IAI audit of tenant's apartment, the DHCR's Tenant Protection Unit (TPU) referred the matter to the DRA for processing of a rent overcharge complaint. The DRA disallowed a small portion of landlord...

DHCR Must Award Triple Damages for Post-HSTPA Overcharge Complaint

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant and found that landlord owed tenant overcharges totalling $1,561 with interest. The DRA also found that landlord owed...

No Triple Damages Where Rent Arrears and Credit Were Greater Than Overcharge

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge, based on landlord's collection of the full legal regulated rent from tenant while a prior DHCR rent reduction order remained in effect. The DRA...

No Rent Increase Collected While Rent-Stabilized Tenant Was Month-to-Month

September 23, 2024    

Rent-stabilized tenant complained to the DHCR in August 2019 of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA applied an incorrect base...