RENT OVERCHARGE

Landlord Not Limited to Guidelines Increase When Renewing Preferential Rent Pre-HSTPA

February 23, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of rent overcharge. The DRA ruled against tenant, who appealed and lost.  Tenant argued that landlord had illegally raised her preferential rent beyond...

Landlord Who Timely Refunded Overcharge in Pre-HSTPA Proceeding Avoided Triple Damages

February 22, 2024    

Rent-stabilized tenant in a building complained to the DHCR in 2017 of rent overcharge. He had moved into the unit in 1993 and claimed that he had been overcharged for 20 years. He also claimed that landlord had...

Landlord Didn't Document Pre-Base Date Rent History in Support of Claimed Deregulation

February 21, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, found that he was rent stabilized, and found a total overcharge following the four-year...

No Rent Fraud Found in Connection with Small, Refunded Overcharge

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in January 2019. The DRA ruled for tenant in part, finding that there was a rent overcharge but insufficient evidence of fraud as tenant claimed. So...

Document Production by Landlords in Overcharge Case Limited to Four-Year Lookback Period

January 28, 2024    

Building tenants sued landlord in 2018 for rent overcharge. In connection with pre-trial discovery, the court granted tenants' request to compel landlord to produce their operating and management agreements, all...

Court Finds It Can Decide Rent Overcharge Questions Despite Pending DHCR Complaint

January 28, 2024    

Landlord sued to evict tenant after serving a tenancy termination notice. Landlord claimed that, although the building was rent stabilized, tenant's apartment was exempt from rent stabilization due to high-rent...

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.)