How to File a Rent Overcharge Complaint in New York

If you’re a renter in New York, you have important rights when it comes to rent increases—especially if your apartment is rent regulated. Understanding how to challenge a rent overcharge is essential to ensuring fair treatment and possibly securing a refund. This guide explains the necessary steps, official forms, and government resources available to you as a tenant in New York State.

Understanding Rent Overcharge in New York

In New York, rent overcharge means your landlord is charging you more than legally allowed under state or city rent laws. This most often applies to tenants in rent-stabilized or rent-controlled apartments. The rules for how much your rent can increase—and when—are set by official boards, and landlords must follow them closely.

Who Handles Rent Overcharge Complaints?

All rent overcharge complaints in New York are handled by the New York State Division of Housing and Community Renewal (DHCR) – Office of Rent Administration. This state agency resolves disputes about rent regulation and makes sure your rights are enforced.

Relevant Legislation

The main laws governing rent overcharge are the New York State Rent Stabilization Code and Emergency Housing Rent Control Law, as well as updates under the Housing Stability and Tenant Protection Act of 2019.^[1,2,3]

When Can a Renter File a Rent Overcharge Complaint?

You may be eligible to file a complaint if:

• Your rent is higher than what the law allows for regulated apartments (rent stabilization or control).
• Your landlord raised your rent unlawfully or added illegal charges (like improper fees).
• You suspect your rent history is being misrepresented or unlawfully altered.

Which Forms Should Renters Use?

• DHCR Form RA-89 – Tenant’s Application for Rent Overcharge
  

  Download DHCR RA-89 here

  • When and how to use: If you believe you’ve been overcharged on your rent in a rent-stabilized or rent-controlled apartment, complete this form and send it to the DHCR. Example: If your landlord increased your rent by more than the allowed percentage, you can file RA-89 with supporting documents, such as your lease and rent receipts.
  • Mail the completed form and documents to the address listed on the form instructions.

Steps to File a Rent Overcharge Complaint in New York

Filing a complaint is straightforward when you follow the official process. Here’s a simple outline:

1. Gather records: Your current and past leases, rent receipts, and any communications about rent changes.
2. Review your rent history: You can request a free rent history from DHCR by submitting a request. Get rent history information here.
3. Fill out DHCR Form RA-89: Clearly state your reason for believing you have been overcharged. Attach copies (never originals) of supporting documents.
4. Submit your completed RA-89: Mail or deliver it as instructed on the form. DHCR will confirm receipt and may request more information if needed.
5. DHCR review and investigation: The agency will contact your landlord and review evidence from both sides before making a determination.
6. Receive DHCR’s decision: If a rent overcharge is found, your rent may be reduced and you may receive a refund, plus interest.

What Happens After Filing?

Once your complaint is filed, the DHCR investigates both sides. If they determine that an overcharge occurred, you may receive a refund or rent reduction. Respond promptly if DHCR asks for any additional information.

FAQ: Rent Overcharge in New York

1. Can I file a complaint if I recently moved out?
   Yes. Renters may file a rent overcharge complaint within four years of the alleged overcharge, even if they are no longer living at the property.
2. What evidence should I include?
   Include copies of your lease agreements, rent receipts, DHCR rent history, and any correspondence with your landlord about rent changes.
3. How long does DHCR take to review a complaint?
   The process can take several months, depending on complexity and the information provided. DHCR may request additional details during review.
4. What if my landlord tries to evict me for filing a complaint?
   Retaliation for exercising your rights is illegal. If you face threats or eviction for filing a complaint, contact DHCR or seek legal help immediately.
5. Is there a fee to file DHCR Form RA-89?
   No. There is no charge to file a rent overcharge complaint with DHCR.

Key Takeaways for New York Renters

• If you believe your rent is too high, you can file a formal complaint using DHCR Form RA-89.
• The DHCR investigates all complaints and can order refunds plus interest if a rent overcharge is found.
• Keep thorough records of your rent payments and lease agreements for best results.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal – Office of Rent Administration (DHCR): The main state agency for rent complaints, overcharges, and tenant protections.
• DHCR Rent Regulation Resources: Get details on rent stabilization, rent control, and tenant rights.
• Renters can also call DHCR’s Rent InfoLine: (718) 739-6400 for help.
• New York Attorney General: Tenants’ Rights: Information on broader tenant protections and legal assistance.

---

1. Official NYS Rent Regulation Overview – DHCR
2. Rent Stabilization Code – New York State Legislation
3. Housing Stability and Tenant Protection Act of 2019 – DHCR

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations