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Rent Control & Rent Stabilization Rent Overcharges

New York City has a complex housing market, where often, the rights of tenants are at the forefront of legal discussions. For many residents, rent control and rent stabilization are vital protections that keep housing affordable in an increasingly expensive city. If you are a tenant in a rent-controlled or rent-stabilized apartment and believe you are being overcharged, you need a dedicated lawyer who understands the intricacies of New York City housing laws and can effectively fight for your rights. Fortunately, if you’re reading this, you have come to the right place. Continue reading and contact a dedicated Manhattan landlord-tenant lawyer from Robert Rosenblatt & Associates to learn more about how we can help if you’re being overcharged for rent.

Understanding Rent Control and Rent Stabilization

Rent control is one of the oldest forms of tenant protection in New York City, primarily affecting buildings constructed before February 1947. Tenants under rent control have their rent amounts set by the state and are protected from sharp increases, ensuring long-term affordability and stability.

Rent stabilization, on the other hand, applies to buildings with six or more units built between February 1947 and January 1974, or to buildings that opted into stabilization agreements after 1974. Rent stabilization limits the frequency and percentage of rent increases, ensuring that tenants can expect predictable and fair rent pricing.

Your Rights as a Tenant

Under the rent stabilization laws, you have the right to:

  • Receive a legal rent calculation upon request
  • Get a lease renewal for one or two years, at your choice, with regulated rent increase rates
  • Have essential services maintained, such as heat and hot water
  • Not be evicted without good cause
  • Have your security deposit protected

If any of these rights has been violated by your landlord, don’t hesitate to reach out to a competent attorney here at Robert Rosenblatt & Associates for guidance.

Legal Recourse for Rent Overcharges

If you are a tenant living in a rent-stabilized apartment and suspect that you are being overcharged, there are specific legal paths you can pursue, including the following:

  • Rent Overcharge Complaint: Tenants can file a rent overcharge complaint with the New York State Division of Housing and Community Renewal (DHCR). The DHCR will review the rental history of the apartment to determine if an overcharge has occurred.
  • Court Action: In some cases, it may be appropriate to initiate a court action against the landlord. This might be through a Civil Court lawsuit or, in cases of fraud or willful overcharge, a Supreme Court action.
  • Lease Review and Challenge: An attorney can review your lease and rental history to determine if the legal regulated rent has been calculated correctly and challenge any discrepancies.

Contact a Rent Control & Stabilization Overcharge Lawyer Today

Don’t let a landlord’s unlawful practices disrupt your life and financial stability. If you live in a rent-stabilized apartment in New York City and suspect an overcharge, contact us today to schedule a consultation and take the first step towards asserting your rights and securing your home.

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