In a rent overcharge case, once DHCR issues an award, it is now on the tenant and tenant's attorney to collect the money from the landlord. Sadly, the State Comptroller's office recognizes that millions of dollars of overcharge awards go uncollected. Often, filing obtaining a judgment is a simple matter through the filing of DHCR's RN-14 form with the Supreme Court. Unfortunately, overcharging landlords throw up many roadblocks in enforcing a judgement. Usually the landlord does not own the building; it is often owned by a dummy corporation controlled by the landlord. Often, the building has changed several hands, and the DHCR award may bear the name of the old owner and not the new one.

Of course, I have seen this all before, and I have never had an overcharge judgment go unenforced. Your attorney will have a repertoire of tactics to enforce and obtain the judgment, and turn that award into cash.

Steven De Castro, Esq., represents tenants in rent overcharge cases. To find out how the statements made on this site may be applicable to your situation, call 212-964-5364.

Date: December 1, 2002. Steven De Castro © 2002, All Rights Reserved. The representations made are accurate to the best of the author's knowledge on the day of publication, but readers should note that laws and regulations constantly change and are subject to different interpretations. For legal advice applicable to your situation, see an attorney. This fact sheet expires one year after publication.