RENT OVERCHARGE

Tenants of 421-a Building Can Pursue Rent Overcharge Claims in Class Action

September 24, 2023    

Rent-stabilized tenants of a building receiving RPTL 421-a tax benefits sued landlord in 2021, claiming that landlord improperly utilized preferential rents as part of their initial 421-a registration. Tenants asked...

DHCR Applied Default Formula to Calculate Overcharge

September 22, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and, using the default formula to set the base-date rent, found a total overcharge of $13,065, including interest and triple damages....

Landlord Didn't Waive Right to Washing Machine Surcharge from Rent-Stabilized Tenant

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, and directed landlord to refund a total overcharge with interest and triple damages totalling $4,714. But the DRA...

Prior Pre-Base Date Overcharge Ruling Applied in Response to New Tenant's Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $261,960, including interest and triple damages. Landlord appealed and lost. Landlord claimed...

Landlord Who Made Full Overcharge Refund to Tenant Avoided $100K Triple Damages

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge of $197,245, including triple damages. The DRA noted that landlord had already...

Court, Not DHCR, Must Determine Overcharge Calculations Based on Tenants' Choice of Forum

August 28, 2023    

In 2019, seven current and former building tenants sued landlord, seeking a declaration that they were rent stabilized and individual findings of the legal rents for their apartments. Among other things, the court...

No Overcharge Where Apartment Was Vacancy Deregulated Before Tenant Moved In

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation after moving into the unit in 2016. The DRA ruled for tenant, found that the unit was rent stabilized and ordered landlord to...

Triple Damages Applied to Full Overcharge Resulting from Post-HSTPA Complaint

August 28, 2023    

Rent-stabilized tenant complained to the DHCR after HSTPA took effect, claiming rent overcharge based on a prior rent reduction order. The DRA ruled for tenant and ordered landlord to refund $98,860, including triple...

Tenant Moved Out Before Rent Stabilization Coverage Began at Building

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. Landlord pointed out that it had signed an Assurance of Discontinuance with...

Rent Overcharge Based on Miscalculation of MCI Rent Hike Included Triple Damages

August 28, 2023    

Rent-stabilized tenant complained of rent overcharge based on a disputed MCI rent increase. The DRA ruled for tenant and found an overcharge of $544, including triple damages.

DHCR Must Review Whether Apartment Was Properly Deregulated

August 28, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding insufficient evidence of fraud and that the apartment had been vacancy deregulated...

Willful Rent Overcharge of Over $109,000 Resulted from Prior Rent Reduction Order

August 28, 2023    

Rent-stabilized tenant complained to the DHCR in December 2018 of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $109,283, including triple damages and interest. The DRA found that the base...