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https://hcr.ny.gov/overcharge
For example, one tenant named on a lease can take in one roommate and the roommate can be charged no more than half of the rent charged to the prime tenant. The roommate can be advised to file a complaint of rent overcharge with DHCR if they were charged in excess of that proportionate share.
https://hcr.ny.gov/tenant-owner-forms
37 rows · Tenant's Complaint Of Rent and/or Other Specific Overcharges in Rent Controlled …
http://www.mossnylaw.com/rent-overcharge-complaints/
An overcharge complaint may be brought at the Supreme or Civil Court, the Housing Court, or the Department of Housing and Community Renewal (DHCR). The tenant is entitled to treble damages, that is, three times the amount of the overcharged rent if the Court finds that the …
http://www.dhcrexpert.com/answers_to_tenant_complaints.htm
Some tenants file baseless complaints simply because they can. If a Landlord fails to timely answer even a baseless complaint, he/she may end up with an order from DHCR finding a rent overcharge with treble (triple) damages or a Rent Reduction Order, which can take years to get restored.
https://www1.nyc.gov/assets/manhattancb1/downloads/pdf/home-page/ra89.pdf
Rent Overcharge Application - Information Attached is RA-89 "Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments". Please note that you are REQUIRED to submit all documentation in support of your claim or rental overcharge at …
http://www.tenant.net/alerts/articles/complaining.html
A rent overcharge complaint filed with DHCR is less desirable because it takes a very long time to have DHCR decide a rent overcharge complaint (literally years), and in the event the tenant wins, the landlord can file an administrative appeal with DHCR for free, because the landlord does not have to put up the overcharge award amount.
https://www.citylandnyc.org/court-holds-that-agency-rent-overcharge-calculation-violated-law/
Court Holds That Agency Rent Overcharge Calculation Violated Law ... tenants filed a complaint to determine the amount of rent overcharge that they were entitled to receive back from the landlord. DHCR determined that the overcharge should be calculated as the difference between the market rate charged by landlord and the last legal regulated ...
https://www.landlordvtenant.com/category/main-topics/rent-overcharge
Feb 21, 2020 · The DHCR's Tenant Protection Unit (TPU) filed a complaint with the DRA claiming that landlord had overcharged tenant. The DRA found there was a willful overcharge since landlord failed to produce sufficient proof...
https://www.avvo.com/legal-guides/ugc/complaining-about-a-rent-overcharge-in-new-york-city
Sep 07, 2011 · A rent overcharge complaint filed with DHCR is less desirable because it takes a very long time to have DHCR decide a rent overcharge complaint (literally years), and in the event the tenant wins, the landlord can file an administrative appeal with DHCR for free, because the landlord does not have to put up the overcharge award amount.
https://thecity.nyc/2019/09/new-rent-regulations-deluge-backlogged-dhcr-overcharge-cases.html
Sep 30, 2019 · Yet DHCR only reviews landlords’ receipts if a tenant files an overcharge complaint, according to the agency — grievances that will come in to an already bottle-necked Office of Rent Enforcement. DHCR currently has 25 rent examiners in its Overcharge Unit, said …
https://www.amny.com/news/new-rent-law-deluges-backlogged-tenant-overcharge-claims-2/
Yet DHCR only reviews landlords’ receipts if a tenant files an overcharge complaint, according to the agency — grievances that will come in to an already bottle-necked Office of Rent ...
https://brooklyneagle.com/articles/2019/09/30/new-rent-law-deluges-backlogged-tenant-overcharge-claims/
Sep 30, 2019 · Yet DHCR only reviews landlords’ receipts if a tenant files an overcharge complaint, according to the agency — grievances that will come in to an …
https://www.msnhlaw.com/dhcr-division-of-housing-and-community-renewal.html
Call (212) 736-0500 - Mitofsky, Shapiro, Neville & Hazen is dedicated to serving our clients with a range of legal services including Landlord & Tenant and Housing cases. DHCR (Division of Housing and Community Renewal) - New York City Landlord & Tenant Lawyer
https://www.thevillager.com/2019/10/new-rent-law-deluges-backlogged-tenant-overcharge-claims/
Oct 01, 2019 · Yet DHCR only reviews landlords’ receipts if a tenant files an overcharge complaint, according to the agency — grievances that will come in to an already bottle-necked Office of Rent Enforcement. DHCR currently has 25 rent examiners in its Overcharge Unit, said …
http://itkowitzaccomplishments.itkowitz.com/2018/09/one-way-to-avoid-treble-damages-on-new.html
Landlord’s “answer” to the Overcharge Complaint was a brief introductory note, and a copy of the letter to tenant. Tenant withdrew his overcharge complaint after the six months had passed and he was fully compensated. DHCR never had to make a decision on the matter, and no treble damages were awarded. Tenant resumed paying rent.
http://www.tenant.net/Tengroup/Metcounc/May96/overchar.html
DHCR has a history of limiting their investigation into the tenant's complaint of overcharge to the specific item listed in their complaint, instead of performing a complete inquiry into whether the rent is legal. So the new form tempts the tenant into a Catch-22 situation by asking for specificity on Line 15
https://thecity.nyc/2019/10/tenants-hire-contractors-to-help-back-rent-claims-to-dhcr.html
Oct 10, 2019 · “We wanted to make sure before — you know — we poke the hornet’s nest, if you will, by filing an overcharge complaint,” Gerst said. Wait Approaches Two Years Gerst’s wife, who did not want to be identified, filed a complaint with DHCR in late 2017, contending their landlord was overcharging them.
https://www.findlegalforms.com/free-forms/files/complaint-overcharge-hotel-stay.pdf
Overcharged for Hotel Stay; and (2) Complaint Letter: Overcharged for Hotel Stay This form is designed to assist you in drafting a letter to the head office of a hotel, informing the management that you were overcharged for a recent hotel stay and requesting a partial refund.
https://nycourts.gov/courts/nyc/housing/pdfs/overchargerentstab.pdf
The DHCR is the agency where you make overcharge claims. If an overcharge claim is already at the DHCR, the court may choose to “sever” (separate) the overcharge part of the case. If you have already got a ruling from the DHCR that you have been overcharged, you can subtract the overcharge from future rent, but not more than 20 percent of ...
https://coopersquare.org/resources/resources-resources/how-to-challenge-a-rent-overcharge
Jun 03, 2009 · The penalty for a rent overcharge is the amount an owner collected above the legal regulated rent plus accrued interest. For a complaint filed on or after April 1, 1984, in the event of a willful overcharge, the penalty equals three times the amount of the …
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