Rent Control and Rent Stabilization Rent Overcharges
- There is a law known as a statute of limitations which sometimes, depending upon the circumstances, bars the recovery of rent overcharge damages for overcharges which occurred over six (6) years prior to the filing of a rent overcharge complaint either in court or with the New York State, Division of Housing and Community Renewal (DHCR)
- An overcharge complaint may be filed at any time but a monetary award is limited to the six (6) years prior to the date of the filing of the rent overcharge.
- Except in situations involving fraud, an overcharge claim should be based upon overcharges which occurred less than six (6) years before the complaint is filed.
- A tenant may be awarded triple (treble) damages for all rent overcharges which occurred during the six (6) years prior to the tenant’s filing his rent overcharge complaint.
If a tenant believes that an overcharge occurred, the tenant should commence an overcharge action as soon as possible by either filing a rent overcharge complaint in court or by filing with the New York State, Division of Housing and Community Renewal (DHCR). If the tenant is already in court with her landlord, due to a lawsuit or eviction action filed against her by her landlord, then, the tenant can assert the overcharge and treble damage claim as a counterclaim against the landlord.
Rent Overcharge issues tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary consultations and you are welcome to schedule your complimentary-no obligation consultation by calling us at 212-921-1600.