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https://hcr.ny.gov/overcharge
Collecting Overcharge. The tenant may deduct up to 20% of the penalty from the monthly rent until the penalty is completely offset. If 20% of the penalty exceeds the tenant's monthly rent, the tenant need not pay any rent until the full amount of the refund due is recovered.
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.thevillager.com/2019/10/new-rent-law-deluges-backlogged-tenant-overcharge-claims/
Oct 01, 2019 · DHCR currently has 25 rent examiners in its Overcharge Unit, said spokesperson Brian Butry. Between April and September, the agency received 559 overcharge complaints.
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 landlord willfully overcharged the rent.
https://www.citylandnyc.org/court-holds-that-agency-rent-overcharge-calculation-violated-law/
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.
https://www.msnhlaw.com/dhcr-division-of-housing-and-community-renewal.html
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.
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.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...
http://www.dhcrexpert.com/answers_to_tenant_complaints.htm
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. A Landlord's best defense to tenant complaints is proper paperwork.
https://hcr.ny.gov/tenant-owner-forms
37 rows · Rent Overcharge Application - Information: RA-90: Tenant's Complaint of Owner's Failure to …
https://www.apartmentlawinsider.com/blogs/ksidrane/dhcr-opens-door-proving-nonwillful-overcharge
It is important that you use this new decision, Matter of Ger Spiegel, when responding to a rent overcharge complaint where there are missing records or a change in the law. If the facts fit the criteria, the DHCR must be on notice that it is under a duty to consider “other …
https://www1.nyc.gov/assets/manhattancb1/downloads/pdf/home-page/ra89.pdf
• Complete all sections of the complaint, and make copies of all your documentation. Submit two copies of the complaint and documentation to DHCR and keep one copy for yourself. An incomplete complaint will be returned to you. Once your complaint is docketed, you will receive an acknowledgment in the mail. STATE OF NEW YORK DIVISION OF HOUSING AND
http://dhcrexpert.com/overcharge_liability.htm
Until 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. If DHCR decides that a Landlord has willfully overcharged a tenant, they may (and usually do) award treble damages.
https://thecity.nyc/2019/10/tenants-hire-contractors-to-help-back-rent-claims-to-dhcr.html
Oct 10, 2019 · The new standards would apply to pending overcharge complaints, the agency said. Under the old rent laws, landlords could avoid penalties by …
https://www.rosenbergestis.com/In-the-News/Rent-Overcharge-Supreme-Court-Tackles-Four-Year-Rule-030613.pdf
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 thereafter been re-rented at
https://www.amny.com/news/new-rent-law-deluges-backlogged-tenant-overcharge-claims-2/
DHCR’s slow response times to overcharge complaints — which an agency spokesperson says it’s constantly trying to improve — is tied to both a lack of funding and political will, observers say.
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.
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