RENT OVERCHARGE

Willful Rent Overcharge Resulted from Unlawful and Discontinued On-Time Rent Concession

September 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $90,000, including triple damages and interest. Landlord appealed and lost. Landlord had...

Landlord Related to IAI Contractor Proved Costs of 2018 Improvements

September 20, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. Tenant said the apartment rent was increased before he moved in based on landlord's false claims concerning individual apartment...

Guarantor Claims Overcharge by Tenant After Tenant Sues Guarantor for Subtenant's Unpaid Rent

August 27, 2024    

Rent-stabilized tenant sublet her apartment for a term from Aug. 21, 2018, to Aug. 31, 2020. After the sublease ended, tenant sued the subtenant's lease guarantor for unpaid rent and based on the subtenant's...

Triple Damages Properly Assessed in Pre-HSTPA Overcharge Proceeding

August 26, 2024    

Tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $13,025, including triple damages and interest. Among other things, the DRA ruled that landlord and...

Maximum Collectible Rent Set by DHCR Can't Be Waived

August 26, 2024    

Rent-controlled tenant complained to the DHCR of rent overcharge after receiving a notice of Maximum Collectible Rent (MCR) effective Jan. 1, 2023, indicating that the MCR was $1,529.61. Tenant claimed that she had...

Legal Rent Set at Amount of Preferential Rent Where Higher Rent Not Preserved in Records

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and set the legal regulated rent at $1,556 per month. Landlord appealed and lost. Landlord claimed that the amount of $1,556...

Tenant Didn't Prove Landlord Waived Appliance Surcharges

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge based on claimed improper air conditioner and washing machine surcharge fees collected by landlord. The DRA ruled against tenant because tenant...

Landlord Not Required to Maintain IAI Records for More Than Four Years for 2017 Overcharge Claim

August 26, 2024    

Tenant complained to the DHCR in 2017 of improper apartment deregulation and rent overcharge. The DRA ruled for tenant and directed landlord to refund $19,800, including triple damages.

Proof of IAIs for Bathroom Replacement Proved No Rent Overcharge

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including interest and triple damages. Landlord appealed, claiming that the DRA failed to...

No Overcharge Owed to Tenant Whose Rent Arrears Exceeded Any Refund Due

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding some overcharge but also finding that rent arrears were more than the $5,117 overcharge found. So landlord owed no refund to...

Successor Tenant Entitled to Overcharges Only Since Date His Lease Commenced

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in May 2018, and pointed out that the DHCR had issued a rent reduction order in 2008. That order reduced the apartment rent to $1 per month. Tenant had...

Tenant's Colorable Claim of Rent Fraud Warrants Pre-Trial Discovery

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed rent overcharge. In May 2023 tenant asked for permission to amend her answer to plead a common law fraudulent scheme to deregulate the...