Q: I received a notice from my landlord stating that on Jan 1, 2024 a surcharge of 2.2% will be added to my rental bill
As the phase out period had begun in Sep of 2021. The notice stated that no back charges will be billed but that this surcharge will be required every month. When I get the rental bill, I noticed that the surcharge was actually 6.6% and when I questioned this with the management I was told that since they never collected any surcharges over 2 years ago they are starting at a 6.6% instead of the 2.2% that was stated in the notice I received. my question is as to the legality of this, since this was 2 years ago, and 2 lease renewals prior, had I known this phase out was in affect and billed accordingly the chances of me signing a 2 year lease in 2023 with a $80 increase just to be told 5 month later that an additional $114 will be added to my rent would have been zero to none, this would have giving me the opportunity to move on. I feel this is incorrect and unlawful, and the notice was misleading and deceptive to say the least. I just don’t know how to go about this in a legal sense.
A:
Dear Queens Tenant:
As a practical matter, responding attorneys are not your lawyers and are not providing legal advice. You cannot be the only tenant impacted by the retroactive collection of the 2.2% surcharge. You may gather your neighbors and seek an in-person consultation at the local HCR office at Gertz Plaza, or do a telephone consultation. https://hcr.ny.gov/system/files/documents/2023/09/bro-scope-of-service-09-2023.pdf
Wilful rent overcharges are subject to triple penalties for an overcharge. A landlord may be charged with harassment by offering a lease with an unlawful rent increase.
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