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DHCR approved my complaint of Tenant Overcharge..what next?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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DHCR approved my complaint of Tenant Overcharge..what next?

Postby SlopeGuy » Fri Aug 26, 2016 11:32 am

It only took them 4 YEARS from the date I submitted the complaint but after numerous mailings to them of vast amounts of information and check stub copies, they agreed that my LL has been overcharging me and miscalculated rent increases from four back-to-back MCI rent increase orders which DHCR approved.

The order said that they are to recalculate the rent going back to that date (4 years prior to the date I mailed in the complaint) with interest, or cut me some sort of check.

My question is, how long should I wait for my LL to take action? They do of course have the right to submit a PAR against this ruling but I doubt they will.

I want to make sure I'm not sending in more rent than I have to, so what should happen next when DHCR rules in favor of a tenant (a rare thing) and approves a tenant overcharge complaint? Do LL's normally drag their feet to issue the rent rollback?
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Re: DHCR approved my complaint of Tenant Overcharge..what ne

Postby TenantNet » Fri Aug 26, 2016 11:58 am

There is the 4 year statute of limitation on rent overcharge claims, but the first two years should be treble damages and the last two years should be at 9% interest. Did they make a finding of willful overcharge?

Yes the LL can appeal and don't be surprised if they do. They have 35 days to do that. See what the order says on if you should wait for the LL or take it out of the rent. I would do the latter. But check with DHCR to see if any PAR was filed first.
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