NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent Overcharge Over $66K Due to Outstanding 2000 Rent Reduction Order

January 25, 2022    

Rent-stabilized tenant complained in 2017 of rent overcharge based on an outstanding DHCR rent reduction order based on a reduction in services that had been issued in 2000 without any subsequent rent restoration...

No Overcharge Where Landlord Added MCI Increase to Preferential Rent

January 25, 2022    

Rent-stabilized tenant complaint of rent overcharge in 2016. Tenant had lived in the apartment since 1991 and claimed that, at some point, landlord discontinued a preferential rent granted to tenant. Tenant also...

Landlord Can Offset $7,800 Rent Arrears from $147K Overcharge Refund

January 25, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint in 2017 on tenant's behalf, claiming that the apartment's legal registered rent wasn't fully substantiated after a TPU audit...

Apartment Was Properly Vacancy-Deregulated After J-51 Benefits Ended

January 25, 2022    

Tenant complained in 2017 of improper deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The building received J-51 tax benefits...

Missing Rent Registration Resulted in Rent Freeze

January 25, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $2,353, including interest. Landlord appealed and lost.  Landlord claimed that the legal...

Landlord Didn't Reregulate Deregulated J-51 Apartment Post-Roberts

January 25, 2022    

Tenant complained of improper apartment deregulation and rent overcharge. Tenant moved into the apartment in 2012 at an initial rent of $2,100 per month. The building was subject to a J-51 tax benefit from July 1,...

Tenant Waited Until PAR Filing to Seek Attorney's Fees

January 25, 2022    

Tenant complained of improper apartment deregulation and rent overcharge. Tenant moved into the apartment in 2012 at an initial rent of $2,100 per month. The building was subject to a J-51 tax benefit from July 1,...

Tenant Refunded Overcharge to Subtenants While Complaint Was Pending

January 25, 2022    

Subtenants complained that rent-stabilized tenant had overcharged them. The DRA ruled for the subtenants, finding that there was an overcharge of $19,467, including triple damages. Rent-stabilized tenants can't...

Landlord Proved IAIs Costing $65K Resulted in Vacancy Deregulation

January 25, 2022    

Tenant complained of improper deregulation of his apartment and rent overcharge. The DRA ruled against tenant, finding that the unit had been vacancy deregulated before tenant took occupancy in 2016.

Landlord's Production of Base Date Lease Reduced Overcharge from $102,000 to $600

January 25, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint with the DRA on tenant's behalf after conducting a TPU audit investigation of tenant's apartment. The TPU claimed that the unit...

Landlord Reduced Tenant's Rent Prior to Rent Overcharge Finding

January 24, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in part, finding there had been an overcharge that had been refunded, so no money was owed to tenant.

No Overcharge Where Tenant's Rent Was Never Increased

January 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA found no overcharge and dismissed the complaint in 2021. Tenant appealed and won in part. The DRA erred in setting a four-year base date as March...