TRIPLE DAMAGES ORDERED

Landlord Must Refund $132,000 Overcharge Based on Fraudulent Deregulation

September 24, 2017    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenant.)

Painting and Sheetrock Excluded from Approved IAI Costs

June 27, 2017    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment. Landlord submitted proof in support of IAIs performed in 2013 before a vacancy rent...

Overcharge Resulting from Improper Deregulation Results in Triple Damages

June 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $8,500, including triple damages and interest. But no refund was due because tenant owed landlord back rent of $14,550....

Triple Damages Charged for Overcharge Based on Rent Reduction Order

June 26, 2017    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord continued to collect full rent despite issuance of a rent reduction order based on a reduction in required services. The DRA ruled for...

16-Year Longevity Increase Properly Applied

May 29, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages and attorney's fees. Landlord appealed and lost. Among other things, the DHCR found...

DHCR Can Review Pre-Base Date Rent History

May 25, 2017    

Tenant complained of rent overcharge in 2009, claiming that when she moved into the apartment in 2004 at a monthly rent of $2,700, she was given an improper deregulated lease. Tenant said that the building was...

Delayed Overcharge Refund Didn't Overcome Presumption of Willfulness

April 26, 2017    

Tenant complained of rent overcharge in 2014, claiming that landlord continued to collect rent increases after a prior rent reduction order froze tenant’s rent. The DRA ruled for tenant and ordered landlord to...

Tenant Must Refund $54,000 Overcharge to Subtenant

March 28, 2017    

Subtenant complained of rent overcharge against tenant and landlord, and claimed that there was an illusory tenancy. The DRA ruled for subtenant in part, finding that tenant overcharged subtenant by $54,000,...

Rent of Stabilized Tenant Who Was Given No Lease Was Properly Set

March 27, 2017    

Tenant complained of rent overcharge. He moved into the apartment in 2011 at a...

Landlord Had No Acceptable Proof of Individual Apartment Improvements

March 27, 2017    

The DHCR’s Tenant Protection Unit (TPU) filed a rent overcharge...

Landlord Didn't Answer Rent Overcharge Complaint

March 17, 2017    

Rent-stabilized tenant complained of rent overcharge. Her initial rent was $1,400...

Default Method Properly Applied When No Base Date Rent History Documents Submitted

December 19, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and used the default method to set the base date rent because landlord didn’t submit full rent history documents. Landlord appealed...