TenantLawyer.NET

Home
About us
Contact Us
DHCR
Disclaimer
Harrassment
Heat and Hot Water
Housing Court
Landlord Access
Leases
Legal Action
NonProfit Landlords
Major Capital Improvement
Overcharges
Owner's Personal Use
Painting, Super and Pets
Registration
Rent Control
Sharing Apartments
Security Deposits
Senior Citizens
Subletting
Succession Rights
Tenant Information
Tenant Initiated Actions
Tenant Organizing
Warranty of Habitability
Reaching a Decision
Withholding Rent
Site Map
                                                                                                                         1  800-518-0890

OVERCHARGES

The laws guarantee refunds to rent controlled and stabilized tenants who are overcharged on their rents. The amount of the refund is determined according to the tenant's classification.

For RENT STABILIZED tenants:

Tenants filing complaints after April 1, 1984 are entitled to refunds of all overcharges for a period of four years prior to the date the overcharge complaint is filed. If the overcharge is determined to be willful, an amount equal to three times the amount of the overcharge must be refunded to the tenant; however, the treble damage penalty is limited to two years of the overcharge. Tenants are also eligible for interest payments and attorney's fees.

For RENT CONTROLLED tenants:

Rent controlled tenants are entitled to a refund of overcharges for the prior two years from the date the complaint is filed.


They may also sue in court for up to three times the amount of the overcharges.

The Division of Housing and Community Renewal is required to resolve all rent overcharge disputes involving both rent controlled and rent stabilized tenants.