TRIPLE DAMAGES DENIED

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...

Landlord Who Refunded Overcharge Almost Four Years After Complaint Filed Avoids Triple Damages

July 26, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $38,315, including triple damages. Landlord appealed and won. Landlord pointed out that it...

No Triple Damages for Pre-HSTPA Overcharge Finding

July 24, 2023    

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

Landlord Avoided Pre-HSTPA Triple Damages by Giving Tenant Rent Credit

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA found that the base date rent was lawful but that there were subsequent overcharges. The DRA ruled for tenant and ordered landlord to refund the...

Triple Damages Revoked in Pre-HSTPA Overcharge Case

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge prior to June 14, 2019. The DRA ruled for tenant and ordered landlord to refund $1,936, including triple damages and interest. Landlord appealed and won, in part....

Triple Damages Didn't Apply to Overcharge Refunded in Response to Pre-HSTPA Complaint

February 22, 2023    

Rent-stabilized tenant complained of a rent overcharge in 2018 that he argued resulted from landlord's claimed individual apartment improvement (IAI) costs. Landlord agreed there was an overcharge and refunded...

Overcharge Resulted from Base Date Rent Freeze for Failure to Register

February 21, 2023    

Tenant complained of rent overcharge and improper deregulation of her apartment. Tenant moved into the unit on June 1, 2016, under a non-stabilized lease at a rent of $2,500 per month. Landlord had registered the...

Landlord Who Refunded Overcharge Before Final Notice Avoids Triple Damages in Pre-HSTPA Case

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. In July 2022, the DRA sent landlord a final notice that triple damages would be imposed on an overcharge of $8,748 based on incorrect rent...

Landlord Must Refund Overcharge Resulting from Rent Reduction Order

December 19, 2022    

Rent-stabilized tenant complained of rent overcharge based on landlord's failure to comply with a prior DHCR rent reduction order. The DRA found that the legal base date rent was $1,135.18 per month. But the base...

No Fraud Found in Connection with Rent Overcharge

November 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on overcharges occurring while a DHCR service reduction order was in effect. But no refund was ordered based on tenant...

Rent Overcharge Wasn't Willful

November 22, 2022    

The roommate of prior rent-stabilized tenant complained of rent overcharge in 2015. The DRA ruled for the roommate, found that she was a lawful successor tenant, and ordered landlord to refund $6,757, including...

Rent Overcharge Occurring After Temporary Exemption Wasn't Willful

April 15, 2022    

Tenant complained of rent overcharge and improper apartment deregulation. The unit had been temporarily exempt from rent stabilization before tenant moved in, and landlord then set the next rent as deregulated, at an...