How to File a Rent Overcharge Complaint with DHCR

TL;DR: If your landlord charged more than the legal regulated rent, you can file a complaint with DHCR to get your money back;potentially with triple damages. The process is free, you don't need a lawyer (though it helps), and you can recover overcharges collected within 6 years of your complaint date.

Do You Have an Overcharge Case?

You might be overcharged if:

✓ Your rent increased more than the RGB percentage
✓ You're paying more than the registered legal rent
✓ Your "preferential rent" jumped to "legal rent" (illegal for post-June 2019 tenancies)
✓ Suspicious renovation costs were added to your rent
✓ Your apartment was improperly deregulated

Quick Check:

1. Get your rent history from DHCR (see Step 1 below)
2. Calculate RGB increases from your base rent
3. Compare to what you actually paid

If there's a gap, you likely have a case.

Before You File: Gather Your Evidence

Essential Documents:

📄 All leases (current and previous)
📄 Rent receipts or bank statements showing payments
📄 DHCR rent history (this is your smoking gun)
📄 Any correspondence about rent increases
📄 Photos of apartment condition (if claiming fake renovations)

Get Your Official Rent History:

Email: rentinfo@hcr.ny.gov
Include: Your name, apartment address, copy of ID, proof of tenancy
Wait time: 2-4 weeks by mail

Step-by-Step Filing Process

Step 1: Choose Your Filing Method

Option A: File Online (Recommended)

• Go to rent.hcr.ny.gov → Rent Connect
• Create an account
• Select "Rent Overcharge" → Form RA-89
• Upload all documents as PDFs

Option B: File by Mail

• Download Form RA-89 from DHCR website
• Submit original plus 2 copies of everything
• Mail to your borough office (addresses below)

Step 2: Complete Form RA-89

Section by Section:

Part 1 - Your Info

• Full legal name (as on lease)
• Current address & phone
• Email (they'll use this for updates)

Part 2 - Apartment Info

• Building address
• Apartment number
• Landlord/management company name
• Move-in date

Part 3 - Overcharge Details

• First date you believe overcharge began
• Current rent vs. what you believe is legal
• Check all applicable boxes (improper deregulation, false IAI, etc.)

Part 4 - Calculation Show your math:

Base Legal Rent (2019): $1,500
+ RGB Increase 2020 (0%): $0
+ RGB Increase 2021 (0% first 6mo, then 1.5%): $11.25
+ RGB Increase 2022 (3.25%): $49.12
+ RGB Increase 2023 (3% for 1yr): $46.84
= Legal Rent Should Be: $1,607.21
Actual Rent Charged: $1,850
Monthly Overcharge: $242.79

Part 5 - Statement Write a clear, chronological narrative. Include:

• When you moved in
• Each rent increase
• Why you believe it's illegal
• Total amount seeking

Step 3: Attach Your Evidence

Number each document and reference in your statement:

1. Current lease showing $1,850 rent
2. DHCR rent history showing $1,500 legal rent
3. Bank statements proving payments
4. [Continue numbering...]

Step 4: Submit and Track

If filing online:

• You'll get immediate confirmation number
• Check status anytime at rent.hcr.ny.gov

If filing by mail:

• Send certified mail with return receipt
• Keep tracking number
• Call after 2 weeks to confirm receipt

Timeline: What Happens Next

Understanding Damages & Remedies

What You Can Get:

1. Refund of Overcharges

• All excess rent paid within 6 years of complaint date
• With 9% annual interest on the base overcharge amount

2. Triple Damages

• If overcharge was "willful"
• DHCR presumes willfulness if landlord can't explain
• Triples the overcharge amount (interest is added to base overcharge only, not the trebled portion)

3. Rent Adjustment

• Your rent gets rolled back to legal amount
• Stays frozen until legal increases catch up
• Future increases based on corrected amount

Example Calculation:

Monthly overcharge: $300
Months overcharged: 24
Base overcharge: $7,200
Interest (9% annual): $1,296
Subtotal: $8,496

If willful (triple damages):
$7,200 × 3 = $21,600
Plus interest on base: $21,600 + $1,296 = $22,896 total

Common Landlord Defenses (And How to Counter)

"It was a preferential rent"

Counter: For post-June 2019 tenancies, preferential rent cannot jump to legal rent at all. For pre-2019 leases, demand proof it was properly disclosed

"We did major renovations"

Counter: Request itemized receipts, permits, and before/after photos. DHCR scrutinizes IAI claims heavily post-2019

"Previous tenant paid that amount"

Counter: Doesn't matter if previous tenant was also overcharged. Show the math from last legal rent

"You waited too long"

Counter: DHCR will award damages for overcharges collected within 6 years of your complaint date. You can file at any time

Pro Tips for Success

📌 Be Specific With Dates

DHCR loves precision. "Approximately 2021" loses to "March 1, 2021 lease commenced"

📌 Show Your Math Clearly

Create a spreadsheet showing:

• Each lease period
• Legal RGB increase allowed
• What you actually paid
• Running overcharge total

📌 Address the J-51/421-a Question

If your building gets tax benefits, different rules apply. Check NYC DOF website and mention in complaint

📌 Don't Forget Treble Damages

Always request them. DHCR often awards if landlord can't document their increases

📌 Keep Paying Rent

Continue paying what you believe is the legal rent. Pay the disputed portion into escrow if worried about eviction

If You Need Help

Free Legal Services:

Housing Court Help Center
📞 646-386-5750
Walk-in help with forms

Met Council on Housing
📞 212-979-0611
Tenant rights hotline

Catholic Migration Services
📞 347-472-3500
Free representation for qualifying tenants

Legal Aid Society
📞 212-577-3300
Income-qualified representation

Paid Services:

Tenant attorneys typically work on contingency (they take 1/3 of winnings)
Paralegal services can help with paperwork for ~$200-500

DHCR Borough Office Addresses

Manhattan
25 Beaver Street, New York, NY 10004

Bronx
1 Fordham Plaza, Bronx, NY 10458

Brooklyn
55 Hanson Place, Brooklyn, NY 11217

Queens
92-31 Union Hall Street, Jamaica, NY 11433

Staten Island
60 Bay Street, Staten Island, NY 10301

Sample Overcharge Statement

"I moved into Apt 3B at 123 Main Street on March 1, 2021, paying $2,000/month. According to DHCR records (Exhibit A), the last registered legal rent was $1,400 in 2018.

Applying RGB increases: 1.5% (2019) = $1,421; 0% (2020) = $1,421; 0% first 6mo then 1.5% (2021) = $1,442.31; 3.25% (2022) = $1,489.18. My legal rent should be $1,489.18, not $2,000.

The monthly overcharge is $579. Over 36 months, I've been overcharged $20,844. I request a refund with interest and treble damages for this willful overcharge, plus adjustment of my rent to the legal amount."

Prevent Future Overcharges

👉 Sign up for RentReboot to get alerts for verified rent-stabilized apartments where the legal rent is properly disclosed upfront. Stop overcharges before they start.