Redressing Illegal Rent Overcharge

When a landlord buys a rent stabilized building, they are aware that the apartments are rent stabilized. Therefore if your landlord charges you a rent that is above the legal limit, he is trying to take advantage of you even though he agrees to follow the law when he buys the building.

Overcharging a tenant is against the law. In most circumstances when a landlord is caught, he has to refund the tenant all the overcharged rents times three.

As a result of changes in the rent stabilization code, rent overcharge cases have become increasingly complex. The most important decisions come at the start of the case. Should you bring the rent overcharge claim in a DHCR administrative complaint, or should you bring it in court? What is the statute of limitations? And if you do commence a rent overcharge complaint, what effect will that have in housing court if my landlord sues me later on for something else?

It is a mistake to think there are hard and fast rules. We help our clients make the strategic decisions that fit their individual cases. At the conclusion of a successful case, our job is to deliver on the most important part – enforcing a judgment and recovering your money from the landlord.