Who qualifies for a rent overcharge claim in NYC?

Two groups: (1) tenants in rent-stabilized apartments who were charged more than the legal regulated rent, and (2) tenants in apartments that the landlord calls "free market" but that were actually deregulated illegally — for example, J-51 buildings that should still be stabilized, or units pushed past the deregulation threshold using inflated IAI/MCI claims. Under HSTPA, damages are recoverable for the 6 years preceding the complaint.

I rent a "free market" apartment in NYC — can I still recover overcharges?

Often, yes. Many NYC apartments labeled "free market" by their landlord were never legally deregulated. Common causes: a J-51 tax abatement that locked in stabilization, fraudulent Individual Apartment Improvement (IAI) increases, abusive vacancy bonuses, or simply rolling rent past the deregulation threshold without justification. If we find that your unit should still be stabilized, the difference between what you paid and the legal regulated rent is recoverable from DHCR.

How much does RentGuard cost?

The eligibility check and full analysis are free. If you proceed, you pick one of two options: (1) a flat $500 intake fee and keep 100% of the recovery, or (2) contingency — no upfront fee, and the partner NY attorney takes 25% of recovery if the case settles or 33% if pursued to judgment. You only pay if you recover.

How long does a DHCR overcharge case take?

Typical timeline: 2–4 weeks for DHCR to acknowledge your filing, 30 days for the landlord to respond, then 3–9 months for the Rent Administrator to issue an order. A 35-day appeal window (PAR) follows. RentGuard tracks every milestone for you.

How do I know if my NYC apartment is rent-stabilized — or was illegally deregulated?

A pre-1974 building with 6+ units is most likely subject to rent stabilization. But many post-1974 buildings are also covered through tax programs (J-51, 421-a). Your lease saying "free market" does not make it so — landlords frequently claim deregulation that the law would not allow. The only way to know for sure is to pull your apartment's registration history from NYS HCR. RentGuard does that for you automatically when you enter your address.

What can I recover if I was overcharged?

You can recover every dollar of overcharge within the 6-year lookback window under HSTPA. Overcharges within the 2-year willful-overcharge window may be trebled (3x). Average recovery for RentGuard clients: $22,000+.

Your NYC landlord may owe you thousands.
Find out in minutes — free.

Stabilized or “free market” — your landlord may owe you thousands. Many NYC apartments labeled “free market” were deregulated illegally, and that rent is recoverable too. We check your building, audit your rent history, and prepare your DHCR claim — signed off by a NY attorney.

No credit card. No commitment. 5-minute eligibility check.

Not sure if you qualify? Take the 30-second quiz →

Reviewed by NY-licensed attorney

$0 unless you win

DHCR-compliant filings

Free

Eligibility check

$22K+

Avg. recovery

5 min

To get started

1M+

NYC units may qualify

How it works

From your address to a filed claim.

Four focused steps. Minimal friction. No legal expertise required.

Step 1

Enter your address

We check your building against DHCR records — including J-51, 421-a, and other tax programs that quietly keep "free market" units stabilized — and email HCR for your full rent history.

Step 2

Upload your rent history

When HCR sends it back, snap a photo or drop in the PDF. Our OCR reads every registration year for you.

Step 3

Get your analysis

Every increase audited against the Rent Stabilization Code, HSTPA, and the year-by-year RGB orders — with citations.

Step 4

We prepare & file

If there's an overcharge, we draft your DHCR RA-89, a NY attorney signs off, and you review every word before anything is filed.

What you can recover

The math is on your side.

Every estimate cites the statute behind it. These are the levers NYC rent law actually puts in your hands.

Typical outcome

$22K+

Average recoverable damages per case.

Six-year lookback window under HSTPA. Higher recoveries come from treble damages on the 2-year willful-overcharge window.

Damages window

6 years

Overcharges within the 6 years before your complaint are recoverable — not limited to your current lease.

Treble damages

3×

Overcharges within the 2-year willful window can be trebled — the landlord bears the burden to rebut.

Upfront cost

Analysis is free. For qualifying cases we run on contingency — no recovery, no fee.

Real cases, real recoveries

The math doesn't lie.

These are representative case profiles drawn from publicly cited DHCR overcharge orders — the patterns we look for in every analysis.

Identified overcharge pool

$2.4M+

In overcharges identified across NYC cases we've analyzed.

Updated continuously as new cases are analyzed.

Crown Heights · Brooklyn

Apt 4F

J-51 illegal deregulation

Recovered

$31,400

Resolved in 8 months

Building took J-51 tax abatement in the 1990s but landlord deregulated this unit in 2014. Roberts v. Tishman Speyer reversed it; six-year lookback recovered the difference.

Astoria · Queens

Apt 2B

Inflated IAI charge

Recovered

$18,900

Resolved in 6 months

Landlord claimed $42K of "renovations" between tenants to push rent past the deregulation threshold. DHCR reviewed receipts, disallowed most charges, and the unit returned to stabilization.

Upper West Side · Manhattan

Apt 7G

Non-RGB increase pattern

Recovered

$24,600

Resolved in 7 months

Stabilized tenant; landlord raised rent 14% over three years where Rent Guidelines Board orders allowed only 5.75%. Treble damages on the 2-year willful window.

Williamsburg · Brooklyn

Apt 5R

Fraudulent vacancy bonus stacking

Recovered

$47,200

Resolved in 11 months

Landlord claimed three "vacancy bonuses" in five years to push past deregulation — but two of those vacancies never happened. DHCR ordered restoration plus willful-overcharge treble damages.

Bushwick · Brooklyn

Apt 1A

Missing rent registrations

Recovered

$14,200

Resolved in 5 months

Landlord stopped filing annual rent registrations in 2018, then raised rent dramatically. Default formula applied; rent rolled back to last properly registered amount.

Inwood · Manhattan

Apt 3D

J-51 illegal deregulation

Recovered

$39,800

Resolved in 9 months

Tenant signed a "free market" lease in 2017 at $2,650. Building had open J-51 benefits the entire tenancy. Legal regulated rent: $1,820. Difference recovered with treble on the 2-year window.

Park Slope · Brooklyn

Apt 6E

MCI fraud + missing receipts

Recovered

$22,100

Resolved in 7 months

Major Capital Improvement (MCI) increase claimed for a roof replacement that DOB records show was never permitted. Increase reversed; six-year overcharge collected.

East Village · Manhattan

Apt 14

Preferential rent reset abuse

Recovered

$28,500

Resolved in 8 months

Landlord switched the tenant from a preferential rent to the legal regulated rent at lease renewal — which HSTPA prohibits for the duration of tenancy. Reversed and back-paid.

Representative case profiles drawn from publicly cited DHCR Rent Administrator orders. Names, exact addresses, and identifying details are not shown. Your recovery depends on your specific rent history.

The full journey

From your address to a check in your hand.

Most NYC tenants give up because the process is opaque. We stay with you through all eight stations — intake to payout.

Intake

Address check

Instant DHCR + tax-program check (J-51, 421-a). Catches illegally deregulated units too.

Intake

Rent history request

We email HCR on your behalf. History arrives in 1–4 weeks.

Analysis

Rule-cited audit

Every increase checked against the Rent Stabilization Code + HSTPA.

Analysis

Attorney review

Licensed counsel signs off before anything is filed.

Filing

RA-89 to DHCR

Complaint transmitted with the signed attorney letter + rent exhibit.

Filing

DHCR investigates

Docket assigned. Landlord served. 30-day answer window.

Outcome

Order issued

Rent Administrator Order. Overcharge + treble damages where applicable.

Outcome

Recovery disbursed

We track enforcement and collection until the money lands.

Intake01
Address check
Instant DHCR + tax-program check (J-51, 421-a). Catches illegally deregulated units too.
Intake02
Rent history request
We email HCR on your behalf. History arrives in 1–4 weeks.
Analysis03
Rule-cited audit
Every increase checked against the Rent Stabilization Code + HSTPA.
Analysis04
Attorney review
Licensed counsel signs off before anything is filed.
Filing05
RA-89 to DHCR
Complaint transmitted with the signed attorney letter + rent exhibit.
Filing06
DHCR investigates
Docket assigned. Landlord served. 30-day answer window.
Outcome07
Order issued
Rent Administrator Order. Overcharge + treble damages where applicable.
Outcome08
Recovery disbursed
We track enforcement and collection until the money lands.

Every station is visible on your dashboard — in real time.

Why NYC tenants choose RentGuard.

A pro-se filing, a legal-aid clinic, and RentGuard all get RA-89s to DHCR. Here’s what we do that the others don’t.

RA-89 / Overcharge

9 NYCRR §2526.1

HSTPA Part F §7

RSL §26-516

Rule-cited analysis

Every finding ships with the statute behind it.

Base-date anchor, HSTPA vacancy rules, RGB orders, treble damages — each one checked against the code that governs it, never a guess.

Frequently asked

Common questions, straight answers.

RentGuard is a tenant claims-preparation service — not a law firm. Our analysis is an educational estimate, not legal advice. Final legal rent and recoverable damages are determined by DHCR or a court.

We don’t guarantee outcomes — but we do guarantee we won’t file anything you haven’t seen and approved.

Editorial note

Your NYC landlord may owe you thousands. Find out in minutes — free.

From your address to a filed claim.

Enter your address

Upload your rent history

Get your analysis

We prepare & file

The math is on your side.

The math doesn't lie.

From your address to a check in your hand.

Why NYC tenants choose RentGuard.

Every finding ships with the statute behind it.

Common questions, straight answers.

What counts as a rent overcharge in NYC?

My lease says "free market." Can I still have a claim?

How much does this cost?

What about the base date and lookback period?

How do I know if my apartment should be rent-stabilized?

What can I recover if I've been overcharged?

How long does the process take?

Is RentGuard a law firm?

What if my case is weak?

Your NYC landlord may owe you thousands.
Find out in minutes — free.