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Rent overcharge

NYC Housing Court Practice/Procedures

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Rent overcharge

Postby Bktenant » Tue Mar 05, 2019 8:54 am

Have some questions about rent overcharge filed with dhcr
If awarded a decision of overcharge
But i have continued to pay illgal rent since i filled the claim will i also be refunded the money i have payed after my overcharge claim is awarded?
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Re: Rent overcharge

Postby TenantNet » Tue Mar 05, 2019 9:12 am

Your post is a bit unclear. Did you mean that "it" (DHCR) decided in your favor?

The instructions on what to do should be on the order itself. First, make sure that the LL has not appealed the order. Many do. Go to DHCR's status inquiry at https://apps.hcr.ny.gov/casestatus/default.aspx

Put in the docket number and see what pops up. LLs have 35 days to appeal, plus add a few weeks to get on the database.

The order could award you treble damages, or just the amount of the overcharge plus interest. Interest in NYS is 9%.

Refunding you the money is up to the LL. If they don't refund (and haven't appealed), you should be able to deduct a portion from your rent. Follow the instructions on the order. Any amount you have continued to pay that is in addition to the legal rent is an overcharge. I suppose you could file another complaint with DHCR, but why? I would just deduct it as an over-payment.
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