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Rent overcharge. Triple Dam, Settle? Lawyer Rec?

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

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Rent overcharge. Triple Dam, Settle? Lawyer Rec?

Postby Frank Lee » Sun Aug 19, 2018 3:47 pm

I was overcharged in rent of about $25,000 and I know I can sue for triple damages.

The unit is furnished.

I don’t know if I should settle for the $25,000 or go to court and wait for the year or more for the triple damages.

Is there a particularly good lawyer to recommend?

Thank you very much in advance!
Frank Lee
 
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Re: Rent overcharge. Triple Dam, Settle? Lawyer Rec?

Postby TenantNet » Sun Aug 19, 2018 4:37 pm

Treble damages on overcharges is only for rent stabilized units, and even then, it only applies to overcharges within the last two years before one makes a complaint (for years 3-4 it's 9% interest). And of course there is a 4 year statute of limitations where anything beyond the 4-year limit can't be considered.

But even so, getting DHCR or a court to order treble damages (and for it to survive an appeal) is not an easy thing to accomplish. It doesn't happen that often.

You should consult with a tenant attorney. A number of them advertise on this site. We suggest you start there.
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Re: Rent overcharge. Triple Dam, Settle? Lawyer Rec?

Postby Frank Lee » Sun Aug 19, 2018 6:53 pm

It is a rent stabilized apartment. I am the roommate and the tenant overcharged me. It is a willful overcharge so the 4 year statute of limitations does not apply since it is a fraud. At least that is my understanding.
Frank Lee
 
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Re: Rent overcharge. Triple Dam, Settle? Lawyer Rec?

Postby TenantNet » Sun Aug 19, 2018 7:00 pm

I could say the sun setting in the west is a fraud, but that does not establish it legally. I'm not saying it isn't ... just that it's a bit more involved than you might think.
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Re: Rent overcharge. Triple Dam, Settle? Lawyer Rec?

Postby Frank Lee » Sun Aug 19, 2018 7:11 pm

Well, I just got the rent history from the DHCR and, apparently, I am paying 90% of the rent for the apartment. It may be an indication of ...
Frank Lee
 
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