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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.
http://www.mossnylaw.com/rent-overcharge-complaints/
Rent Overcharge Complaints Under the current Rent Stabilization Law, a tenant who was overcharged in rent in rent-stabilized or rent-controlled buildings can claim the amount collected above the legal regulated rent combined with accrued interest.
https://hcr.ny.gov/tenant-owner-forms
Supplement to Application For A Rent Reduction Based Upon Decreased Building-Wide Service(s) - Laundry, Doorman, Security, Storage, and/or Playgrounds: RA-89/RA-89.1: Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments Rent Overcharge Application - Information Complete Rent Overcharge Application Online
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.landlordvtenant.com/category/main-topics/rent-overcharge
Feb 21, 2020 · Rent-stabilized tenant complained of rent overcharge in 2017. The DRA decided tenant's complaint after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted, and found that there was no...
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/
The tenants in this lawsuit moved to the apartment on August 1, 2005 with a monthly rent of $5,195. In 2009, upon learning that the apartment was subject to rent-stabilization, tenants filed a complaint to determine the amount of rent overcharge that they were entitled to receive back from the landlord.
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 …
https://rentcement.com/2019/02/05/tenants-can-now-file-overcharge-complaints-online/
Mar 01, 2019 · Southeast corner of Union Ave. and Metropolitan Ave. “RentConnect” is a new website where rent stabilized tenants can file overcharge complaints, lease violation complaints, and oppose a proposed Major Capital Improvement (MCI). The website is administered by the New York State agency responsible for enforcing the rent regulations. We’re still testing out RentConnect, however we’re ...
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://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.
http://www.tenant.net/Tengroup/Metcounc/May96/overchar.html
DHCR Revises Overcharge Form ... The new form is RA-89 (2/96) and is entitled Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments in New York City. Where the old form asked the tenant to provide a limited amount of rental information, and to assert the belief that an overcharge had occurred, the new form ...
https://www.law.com/newyorklawjournal/2019/09/27/tenant-protection-act-shakeout-continues-as-first-department-weighs-in-on-rent-overcharge-claims-retroactivity/
In what is believed to be the first appellate decision addressing the retroactivity of the Housing Stability and Tenant Protection Act of 2019 as it pertains to rent overcharge claims, a state ...
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://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 ...
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 …
http://blog.thepricelawfirmllc.com/2014/02/27/disputing-rent-overcharge-5-forms-of-proof-a-nyc-landlord-must-have/
Disputing Rent Overcharge: 5 Forms of Proof a NYC Landlord Must Have. A recent decision of the Appellate Division has emphasized the burden a landlord faces when confronted with a rent overcharge claim. In the case of Chekowsky v. Windemere Owners, LLC, 2014 N.Y. Slip Op. 01139 (1st Dept. 2014) a tenant had sued her landlord for rent overcharge.
https://www.nytimes.com/2003/01/12/realestate/your-home-when-rents-exceed-legal-limits.html
Jan 12, 2003 · For rent-stabilized tenants, he said, a complaint for a rent overcharge must be filed within four years of the date of the first alleged overcharge. For rent-controlled tenants, the time frame is ...
https://www.nysenate.gov/legislation/bills/2019/s4169
Permits the division of housing and community renewal to investigate rent overcharge complaints in rent regulated housing accommodations by reviewing all rent history beyond four years' prior records as needed. ... upon complaint of a tenant or of the state division of housing and community renewal, is found by the state division of housing and ...
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