Dhcr overcharge
WebMar 23, 2024 · DHCR Improperly Decided Overcharge Issue in AD Proceeding for Regulatory Status Determination. December 19, 2024. Tenant asked the DHCR for an administrative determination (AD) that his apartment was rent stabilized and to set the legal rent. Tenant claimed that he moved into the unit in 2008 and that landlord had fraudulently... WebOn remand, the DHCR made a total overcharge finding of $20,487, and awarded the tenant $2,670 in attorney’s fees based on an hourly rate of $425. The DHCR granted attorneys’ …
Dhcr overcharge
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Web1) BY PHONE: Call DHCR and ask them to mail your rent history to you: NYS HCR- 718-739-6400, Text “RENT HISTORY” to (646) 783-0627 2) IN PERSON: Visit a rent office. …
WebMar 6, 2013 · The tenant filed a rent overcharge complaint with DHCR on June 17, 2011. The owner answered that the apartment was deregulated based on high rent luxury decontrol. The owner explained that the apartment became vacant in 2005, when the lawful rent exceeded $2,000 per month. The owner also argued that the apartment had … WebJan 18, 2024 · DHCR, a Kings County court had ruled in 2024 that, like the mandate in the Cintron case, the DHCR had to consider a pre-base date overcharge ruling as part of an apartment's rent history. In addition, the DHCR pointed out that, in this case, the prior DHCR overcharge ruling had been issued after the four-year base date.
WebApr 19, 2016 · A DHCR Rent Administrator determined that the base date to be used was the date four years prior to the filing of the overcharge complaint (December 11, 1999). Although taking notice of the 1987 and 1989 rent reduction orders, the Rent Administrator in establishing the legal stabilized rent calculated the overcharge using the base date of ... WebMar 29, 2024 · The DRA ruled for tenant and found a total overcharge of $3,134, including interest. The DRA noted that since landlord had refunded to tenant an amount greater …
WebSep 11, 2024 · DHCR determined that the overcharge should be calculated as the difference between the market rate charged by landlord and the last legal regulated rent charged in the apartment. DHCR determined the last legal regulated rent was in 2003 for the sum of $2,096.47. Using this amount, DHCR determined that the base rent for the …
WebUntil the tenant files an Overcharge Complaint. If DHCR decides that a Landlord has willfully overcharged a tenant, they may (and usually do) award treble damages. A $10 … refund windows 11 proWebThe Court of Appeals, by majority decision, struck HSTPA’s retroactive application in these cases of the six-year lookback on rent histories and treble damages, and upheld the rent overcharge calculation guidelines determined in the 2024 appellate case of Regina Metropolitan Co., LLC v. DHCR. refund wire transferWebLuxury Deregulation . Defense of Rent Overcharge Proceedings/Improper Deregulation. Tenants may file Overcharge Complaints with the DHCR. In order to properly defend such a Complaint, the Landlord must be able to demonstrate the rent increases taken over the past four (4) years (for Rent Stabilized tenants) have been lawful. refund windows 10 minecraftWebDec 18, 2006 · Initially, DHCR provided the OAG with the documents from 25 rent overcharge proceedings it had conducted based on complaints by tenants at the Olinville Avenue Apartments in the Bronx. In many of the closed cases, Pinnacle had conceded a rent overcharge occurred, credited the tenants with the overpayment, and adjusted the … refund windows storeWebMar 27, 2024 · Landlord Waived Rent Increase for Two-Year Renewal Lease Period. February 22, 2024. Rent-stabilized tenant complained to the DHCR in 2024 of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $5,120 with triple damages. But, since tenant owed landlord $14,975 in back rent, no... refund windows 8 purchaseWebApr 13, 2024 · We decline to reach plaintiff's fact-based argument, made for the first time on appeal, that the default formula for a rent overcharge [*2]should apply because defendants engaged in a rental practice proscribed by Rent Stabilization Code (9 NYCRR) § 2525.3(d). Defendants' opening brief on appeal discussed only 17 of their 23 defenses. refund wishWebFor complaints filed and overcharges collected before April 1, 1984, refunds and penalties are the obligation of the owner who collected the overcharge. For more information or … refund will be processed