RENT OVERCHARGE

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...

Apartment in Building that Had Received J-51 Tax Benefits Was Properly Vacancy-Deregulated

December 18, 2023    

Tenant complained to the DHCR in 2020 of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the apartment had been lawfully vacancy-deregulated in 2014 when the...

DHCR Won't Consider IAI Documentation Submitted for the First Time with Landlord's PAR

December 18, 2023    

The DHCR's Tenant Protection Unit (TPU) brought an audit proceeding for individual apartment improvements (IAIs) made to an apartment in landlord's building based on review of rent registrations for the unit...

Tenants Presented Insufficient Proof of Fraudulent Scheme to Deregulate Apartments

November 26, 2023    

Tenants sued landlord, claiming rent overcharge and a fraudulent scheme to deregulate their J-51 building apartments. The court ruled for tenants, finding that proof of a building-wide fraudulent scheme required...

Tenant Claims Rent Concession Was Preferential Rent

November 26, 2023    

Rent-stabilized tenant sued landlord in State Supreme Court, claiming rent overcharge. Tenant proposed that the case be a class action for all building tenants, claiming that landlord collected improper rents while...

Court Denies Request for Discovery Made by Tenant Claiming Fraudulent Rent Overcharge

November 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response and among other things, tenant claimed fraudulent rent overcharge. Tenant asked the court for permission to conduct discovery reaching...

Landlord Proves No Financial Connection Between Itself and Its Contractor

November 21, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant. The DRA found that tenant moved in on July 1, 2018, at a legal rent of $3,700 after landlord...