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Rich v. East 10th Associates Summary

Jimmy Lathrop March 28, 2009

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.