TRIPLE DAMAGES DENIED

Triple Damages Revoked in Pre-HSTPA Overcharge Case

November 25, 2024    

Tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $67,000, including triple damages. The overcharge finding was based in part on a rent freeze...

No Triple Damages Where Landlord Refunded More Than Amount Overcharged

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the total overcharge with triple damages was $140,625. But since landlord had already refunded $143,891, no refund was...

No Triple Damages Where Rent Arrears and Credit Were Greater Than Overcharge

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge, based on landlord's collection of the full legal regulated rent from tenant while a prior DHCR rent reduction order remained in effect. The DRA...

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 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...

Landlord Who Timely Refunded Overcharge in Pre-HSTPA Proceeding Avoided Triple Damages

February 22, 2024    

Rent-stabilized tenant in a building complained to the DHCR in 2017 of rent overcharge. He had moved into the unit in 1993 and claimed that he had been overcharged for 20 years. He also claimed that landlord had...

Triple Damages on $96,000 Overcharge Revoked

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant. Because there was a 1989 DHCR service/rent reduction order in place on the 2013 base date, the legal regulated rent...

Overcharge Resulted from Misinterpretation of Apartment Status While J-51 Tax Benefits in Effect

January 22, 2024    

(Decision submitted by Elizabeth Lentini, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

No Triple Damages Where Landlord Refunded Overcharge in Response to Complaint

November 21, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge and unlawful apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $24,962, including triple damages. Landlord appealed, claiming...

Rent Overcharge Resulting from Missing IAI Documentation Wasn't Willful

November 20, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018, noting that the apartment rent had increased from $765.82 to $1,500 when he moved into the unit in 2015. Landlord answered that the tenant...

No Rent Fraud Where Landlord of J-51 Building Relied on DHCR Policy Later Overruled

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge with interest equal to $22,014. Since landlord had refunded $44,709 to tenant while the...

No Triple Damages for Overcharge Resulting from Rent Reduction Order

October 25, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found no refund was owed. The overcharge wasn't willful, and landlord had refunded more than the overcharge amount plus interest...