RENT OVERCHARGE

Appeals Court Upholds DHCR's Dismissal of Tenant's Rent Overcharge Complaint

May 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, who filed an Article 78 court appeal and lost. The court and appeals court didn't find that the DHCR's ruling...

No Rent Fraud Found Where Landlord Believed Apartment Had Been Deregulated

May 23, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DRA ruled for tenant and directed landlord to refund $258. Tenant appealed and lost.

Rent Overcharge Determined Using Sampling Method Default Formula

May 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund $7,640, including triple damages. Tenant appealed, claiming that the pre-base date rent...

Landlord Improperly Discontinued Preferential Rent

May 22, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of improper deregulation of her apartment and rent overcharge. The DRA ruled for tenant, finding that the apartment was rent stabilized and that tenant'...

No Triple Damages in Overcharge Case in Light of Refund Made to Tenants

May 21, 2024    

Rent-stabilized tenants complained to the DHCR in 2017 of rent overcharge. The DRA ruled against tenants based on RSC Section 2520.11(r)(5) and the 2018 Court of Appeals ruling in Altman v. 285 W. Fourth LLC...

No New Overcharge Collected Since Prior Rent Overcharge Ruling

May 21, 2024    

Tenant complained to the DHCR of rent overcharge in 2022. She claimed that an earlier DHCR order had granted her $35,000 in rent overcharges for a prior period and that she now sought a rent overcharge refund for the...

Landlord Properly Calculated Legal Regulated Vacancy Rent for New Tenant Pre-HSTPA

May 20, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. Tenant pointed out that the prior tenant's registered rent was $843 per month but that the rent was increased to $1,200 per month...

Rent Overcharge Found Due to Pre-Base Date Rent Reduction Order

April 25, 2024    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant directed landlord to refund $57,975, including interest and triple damages. The overcharge finding was based on a...

No Triple Damages Where Rent Arrears Far Exceeded Overcharge Finding

April 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding a total overcharge with triple damages of $102.51. Since tenant owed $36,791 to landlord in back rent, no refund was...

Tenant's Overcharge Complaint Subject to Four-Year Lookback Period

April 24, 2024    

Rent-stabilized tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $10,588, which included triple damages. The overcharge occurred after the...

$75,000 Default Method Overcharge Finding Based on Landlord's Failure to Answer Complaint

April 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $74,420, including triple damages. The overcharge was determined based on the Rent...

Apartment Was Properly Vacancy-Deregulated Before June 14, 2019

March 26, 2024    

Tenant complained to the DHCR in 2020 of rent overcharge and unlawful apartment deregulation. Landlord claimed that the former rent-controlled tenant moved out in 2002, that landlord then performed $45,500 in...