NYC Rent Stabilization Overcharges
Our attorneys can recover rent that your landlord illegally overcharged you – under the law, you could be entitled to three times the amount you overpaid.
Rent Stabilization in NYC: Are You Being Overcharged for Rent?
Almost half of New York City’s two million-plus apartments are rent-stabilized, sometimes referred to generically as “rent controlled.” Landlords are legally restricted from raising rent over a certain government-determined amount each year. Rent stabilization is a critical tool protecting tenants from skyrocketing rents and unaffordability.
Unfortunately, many landlords illegally evade these protections. Some file false paperwork with the state claiming that their units are no longer regulated, or falsely claiming that they performed renovations. Others add bogus charges for non-existent storage units or other fraudulent services into leases.
City and state laws impose strict limits on the amount landlords can charge for rent-stabilized apartments. The law provides steep penalties on landlords who illegally overcharge tenants – but only if tenants stand up for their rights.
The Law Protects New Yorkers Living in Rent-Stabilized Apartments
Recent changes to New York state law provide a powerful tool for tenants. Landlords who illegally overcharge for rent-stabilized apartments can be forced to pay back tenants three times the amount they overcharged. Rent you overpaid from up to six years ago is recoverable.
The law allows you to stand up to your landlord and recover the rent you lost – and then some. More and more New Yorkers are fighting back.
Your Options for Recovering Overcharged Rent
There are two ways to stand up for your rights: by filing a complaint with a state agency, or by working with a lawyer to file a lawsuit in state court.
Option 1: Filing an Administrative Complaint
The first option is to file a complaint with the State Department of Housing and Community Renewal (DHCR). This option is free, does not require the assistance of an attorney, and can require little follow-up work. However, DHCR is severely understaffed, and tenants often wait years to hear back about their complaints. DHCR complaints can only be filed on behalf of individuals. Making a collective complaint on behalf of you and your neighbors is not allowed.
Option 2: Hiring an Attorney & Filing a Lawsuit
Fortunately, tenants have another option – working with a lawyer and filing a lawsuit in court to vindicate their rights and recover their overpaid rent. Lawsuits can be faster than a DHCR complaint. They can also represent all tenants in your building, instead of just individual tenants.
Our public interest lawyers and law firm are dedicated to serving social justice and protecting civil rights. Our experienced legal team can help you explore suing on behalf of yourself, or multiple, or all tenants in your building in a class action lawsuit. Even if you have already submitted a DHCR complaint, our law firm can help you file your case in court. And there are no fees unless we successfully litigate your case.
Get the Advice and Guidance You Need from Our Legal Advocates
If you believe you were overcharged by your landlord, contact the skilled and experienced lawyers at Sanford Heisler Sharp McKnight to explore and discuss your options. Our public interest attorneys have years of experience bringing class action lawsuits against powerful interests.
Standing up for your rights can seem daunting to navigate alone, and you probably have many questions. Here are some frequent questions New York tenants ask when they suspect they’re being overcharged:
Q: How do I know if my apartment is rent-stabilized?
A: There are many ways to check if your apartment is rent-stabilized, including by searching public records, nonprofit data-compiling websites, or by submitting a records request to the city. Your lease may also indicate that it is subject to rent stabilization – an example of a rent-stabilized lease renewal form can be found here.
Q: How do I know if I’m being illegally overcharged?
A: Request a rent history for your apartment and see if your rent matches the amount stated for previous tenants plus allowable yearly increases. Look for any suspiciously large increases in rent over the past six years.
Your landlord may be overcharging you if they make you pay an extra amount for storage, parking, or other services in addition to your regulated rent. Sometimes landlords overcharge tenants by illegally inserting riders into rent-stabilized leases, forcing tenants to “agree” to pay for extras.
Q: How much money can I get back if I was overcharged?
A: The law allows you to win back up to three times the amount your landlord overcharged you.
Q: I think I was overcharged a few years ago. Can I still take action?
A: Yes! The law allows for the recovery of any overcharged rent over the past six years. Triple damages are available for any overcharges occurring after June 14, 2019.
Q: I think my neighbors are being overcharged too. Can we file a claim together?
A: Yes! You can file a class action lawsuit in court on behalf of yourself and other tenants who were overcharged. Tenants unions, entire buildings, and neighbors can join together to stand up for their rights and get their money back.
Q: What if I already submitted a complaint with DHCR? Can I still file a lawsuit against my landlord?
A: Our legal experts can help you file in court even if you’ve already filed a DHCR complaint.
Q: Can my landlord retaliate against me if I bring a case against them?
A: The law protects you from retaliation. The lawyers at Sanford Heisler Sharp McKnight have successfully litigated dozens of retaliation claims on behalf of workers and whistleblowers against powerful, well-resourced interests. They can help you stand up for your rights and protect you from retaliation from your landlord.
We believe this practice may be widespread and are eager to speak with you if you believe you are being illegally overcharged.
We are also investigating several specific buildings we suspect are rent-stabilized and overcharging tenants. If you are or have been a resident of one of these buildings in the last six years, please contact our firm immediately.