RENT OVERCHARGES IN RENT STABILIZED OR CONTROLLED UNITS
In New York City and certain communities in Nassau, Rockland, and Westchester counties where rent stabilization or rent control laws apply, the landlord may not charge more than the legal regulated rent.
Landlords must register each rent stabilized apartment with the New York State Division of Housing and Community Renewal (DHCR) and provide tenants annually with a copy of the registration statement.
Tenants may also get a copy of the rent history for their apartment directly from the DHCR.
The tenant may also be entitled to recover interest, plus reasonable costs and attorney’s fees, for overcharges after June 14, 2019.
Generally, the penalty for a rent overcharge is the amount an owner collected above the legal regulated rent, plus accrued interest.
If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge. The landlord has the burden of proving that the overcharge was not willful.
