Overcharge Resolutions

[mjr203]

I think I am being overcharged rent and have been for the past year.

We hate our LL (lives in building) and want to move out of the neighborhood but if I am being overcharged I want that $ back and want damages.

I have requested an apt history from the DHCR (I just found the building on the Stabilized list, did not know it was stabilized before, and he never ever gave us notice or a rent stabilization rider). I told a guy at the DHCR my current rent and he said it looked like I was being overcharged.

When I find out the overcharge, should I file a complaint with the DHCR or get a lawyer? Seems like from everything I've read that the DHCR are anti-tenant and a load of red tape.

Any suggestions would be appreciated!

LANDLORDS SUCK!

-POINTER

[Phil Cohen]

Check the home page--article on dealing with overcharges. It may pay to get a lawyer. The DHCR sucks worse than any landlord.

[TenantNet]

You can also calculate what should be the legal rent and withhold what you've paid over (be sure you calculate properly and these days you can only go back four years). You could also try to withhold treble damages. If/when he takes you to court your defense would be overcharge. This is a viable step, but not one you should take unless you do your homework.

[mjr203]

I went to the DHCR today and acquired a rent history (after attempting to request it be mailed 3x!).

The last filing date is 8/21/01, vacancy status, rent of $990. If the rent increased 18% (legal maximum for 1 year lease) that is $1168. I figure I am being overcharged $232. I am going to find a lawyer and sue my landlord in civil court. Is this the right approach? How should I look for a lawyer.

I should sue for the overcharge amount times the 3 (the penalty)? The last occupant was charged $900 a month according to the guidelines and they moved out when we moved in.

THIS GUY IS RIPPING ME OFF! Please advise. I no longer want to live in this guy's building regardless but I don't want to give up on the rent I have been overcharged or the penalty I think I am due.

<small>[ May 29, 2002, 03:04 PM: Message edited by: pointerout ]</small>

[Cranky Tenant]

Doing some quick math, it seems like your rent is $1400. Quite honestly, I'd be suspicious any time the rent works out to such a neat even figure. Most apartments, at least rent stailized apartments, have some sort of odd figure because of the percentage allowed for increases.

The problem isn't really winning this kind of case, it's collecting your money from the LL. The court may order the LL to pay but more often tenants have to deduct it from the rent.

Before you hire a lawyer, figure out how much the LL owes you and conisder how much it's likely to cost you to recover that money. DHCR may be slow but it's free.

[mjr203]

Originally posted by Cranky Tenant:
Doing some quick math, it seems like your rent is $1400. Quite honestly, I'd be suspicious any time the rent works out to such a neat even figure. Most apartments, at least rent stailized apartments, have some sort of odd figure because of the percentage allowed for increases.

The problem isn't really winning this kind of case, it's collecting your money from the LL. The court may order the LL to pay but more often tenants have to deduct it from the rent.

Before you hire a lawyer, figure out how much the LL owes you and conisder how much it's likely to cost you to recover that money. DHCR may be slow but it's free.

I know a lawyer or two who might be able to help.

In a case like this legal fees should be recoverable as well, should they not?

I figure the guy has overcharged me over $2500 willfully, as the last rent history filing is a month after I signed my lease. So he should be assessed the 3x penalty and I should legally be awarded over $8000 + interest on the overcharge amount. I know the system doesn't always work perfectly, but is it not all we have?

If people don't stand up for themselves and fight landlords who clearly have no respect for what little protection the system affords renters then what motivation do they have to obey the law?

Any other opinions on using the DHCR in a pretty clearcut case like mine?

-POINTER

[Phil Cohen]

Not sure a $2500 case--even with treble damages--will be worth hiring a lawyer. But why not consult a lawyer and see.
The DHCR is a miserable organization to deal with. Be very careful--send everything by certified mail, return receipt requested. Be prepared for loony decisions disregarding the facts and the law. It is very pro-landlord and very slow, but you can probably do the paperwork yourself. Just keep it simple.

[Cranky Tenant]

From what I've seen, the "average" housing court lawyer gets $200 to $250 per hour, and every minute they spend on a case is billable..

If you can get legal costs in addition to the overcharge maybe it's worth it, but you also have to convince the lawyer your case is worth taking for that kind of money.

<small>[ May 30, 2002, 07:53 PM: Message edited by: Cranky Tenant ]</small>