NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent Overcharge Wasn't Hyper Technical and Resulted in Triple Damages

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,309, including triple damages and interest. Landlord appealed and lost. Although the legal rent for the...

Overcharge Case Reopened to Consider Effect of Judicial Sale on New Landlord's Liability

August 27, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $14,700, including triple damages. Landlord appealed, and the case was reopened. Landlord argued that it wasn't...

Improper Deregulation While Building Got J-51 Benefits Didn't Warrant Using Default Formula

August 27, 2019    

Unregulated tenants complained of improper deregulation and rent overcharge. New landlord agreed that tenants were rent stabilized and gave them a rent-stabilized lease and a rent refund. The DRA ruled for tenants...

Rent-Stabilized Tenant Was Overcharged for Garage Parking Space

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking garage space. The DRA ruled for tenant, finding that landlord charged more than a rent guidelines increase to tenant for the parking...

Landlord Can't Increase Preferential Rent During Rent-Stabilized Lease Term

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed a refund, including interest. Landlord appealed and lost. The DRA properly found that the initial $1,659 rent charged per...

Refund Delay Resulted from Landlord's Attempt to Apportion Refund Owed to DSS

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,955, including triple damages and interest and reflecting a prior refund of $18,177. The overcharge...

No Refund Due Based on Overcharge in Light of Back Rent Owed

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. No refund was required because tenant owed rent arrears, but landlord was directed to credit tenant's account by $3,878. This was...

New Landlord Must Pay Triple Damages for Prior Landlord's Willful Overcharge

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $29,190, including triple damages and reflecting a deduction based on landlord's prior refund to...

Rent Overcharge Refund Reduced to Reflect Back Rent Owed

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,586, including interest and deducting a rent underpayment of $1,491. Tenant appealed and lost. Tenant...

Rent-Stabilized Apartment Was Vacancy Deregulated Before Tenants Moved In

August 27, 2019    

Unregulated tenants complained that they were rent stabilized, that their apartment was improperly deregulated in 2011 due to landlord fraud, and that they had been overcharged. The DRA ruled against tenants, who...

Renewal Lease Incorrectly Applied Preferential Rent Rider Terms

August 26, 2019    

Rent-stabilized tenant complained that landlord failed to offer him a renewal lease in 2017 on the same terms and conditions that were contained in his expiring lease. Tenant claimed that landlord discontinued the...

First Rent Collected in Building That Became Stabilized Was the Legal Regulated Rent

August 26, 2019    

Tenant complained to the DHCR of lease violation and rent overcharge in separate complaints consolidated by the DRA. Landlord had never given tenant a lease. Landlord claimed that the apartment was unregulated. The...