In this matter, my client, a tenant and plaintiff in the lawsuit,
sought to recover early $28,000 in rent overcharges, including treble
damages and attorney's fees in this rent overcharge action. Defendant
owner admitted that the plaintiff was overcharged rent in excess of an
existing rent freeze order that the Division of Housing and Community
Renewal (DHCR) issued in 1994. However, the parties disputed the amount
of the overcharge. Defendant owner moved for summary judgment
dismissing the client plaintiff's complaint, as the owner had offered a
overcharge refund which claimed to be in accordance with DHCR
guidelines, substantially lower than the amount demanded by the client
plaintiff. The court denied defendant owner's motion and ruled that the
overcharge amount must await a determination at trial.
Here is a link to the full rent dispute ruling.