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Posted by Amy on October 28, 1998 at 14:30:08:

In Reply to: Rent Overcharge posted by Andre on October 17, 1998 at 09:53:57:

: I rent a stabilized apartment in New York City. Recently, I found
: out that my landlord nearly tripled the rent from the last tenant.
: I talked to a tenants' rights organization, and they said I have two
: options : withhold rent and take my landlord to court, or file
: with the DHCR. Does anyone have any recommendations for either
: method? Any personal experiences with DHCR or housing court?

: Thanks for any help.

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.

go to http://tenant.net/faq.txt

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.

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Comments:
: : I rent a stabilized apartment in New York City.  Recently, I found
: : out that my landlord nearly tripled the rent from the last tenant.
: : I talked to a tenants' rights organization, and they said I have two
: : options : withhold rent and take my landlord to court, or file
: : with the DHCR.  Does anyone have any recommendations for either
: : method?  Any personal experiences with DHCR or housing court?

: : Thanks for any help.

: 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.

: go to http://tenant.net/faq.txt

: 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.


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