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https://hcr.ny.gov/overcharge
The roommate can be advised to file a complaint of rent overcharge with DHCR if they were charged in excess of that proportionate share. In a rent controlled apartment, a roommate may not be charged an amount of rent that is in excess of the legal rent for the apartment.
https://hcr.ny.gov/tenant-owner-forms
37 rows · Supplement to Application For A Rent Reduction Based Upon Decreased Building-Wide …
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 …
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 the time you submit this complaint. Please note that:
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.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://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. Using this amount, DHCR determined that the base rent for the apartment should have ...
https://www.landlordvtenant.com/category/main-topics/rent-overcharge
Feb 21, 2020 · Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in June 2018 and ordered landlord to refund $5,200, including interest and triple damages. Landlord appealed, and the DHCR ruled...
https://thecity.nyc/2019/10/tenants-hire-contractors-to-help-back-rent-claims-to-dhcr.html
Oct 10, 2019 · That includes the landlord’s renovation receipts, which are only reviewed after a tenant files an overcharge complaint, according to DHCR. Under the new rent laws, DHCR will have to determine whether costs associated with apartment improvements are “reasonable” — and come up with new regulations to establish “reasonability.”
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 · 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://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://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 already bottle-necked Office of Rent ...
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.law.com/newyorklawjournal/2019/12/24/rent-overcharge-by-the-numbers-the-hstpas-new-math/
Analysis Rent Overcharge by the Numbers: The HSTPA’s ‘New Math’ The New York state legislature enacted the Housing Stability and Tenant Protection Act of 2019 this past June.
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://www.landlordvtenant.com/category/main-topics/procedure-dhcr
Jan 29, 2020 · Tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that the DHCR had issued a rent reduction order that …
http://www.tenant.net/Tengroup/Metcounc/May96/overchar.html
DHCR Revises Overcharge Form Shifts Burden of Proof from Landlords to Tenants By William Rowen. Tenants filing rent-overcharge complaints with the state Division of Housing and Community Renewal now have a much harder way to go.
https://nycourts.gov/courts/nyc/housing/pdfs/overchargerentstab.pdf
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 the overcharge for any one month's rent. If 20% of the ...
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
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