How to file a DHCR rent overcharge complaint

If you rent a stabilized apartment in New York and believe your legal regulated rent has been exceeded, DHCR (the state agency) handles overcharge complaints. Here's how the process typically works.

Step 1 — Request your rent history

Request your Apartment Rent Registration History from DHCR at rent.hcr.ny.gov. It's free and shows the registered rent for your unit for prior years.

Step 2 — Compare to what you actually paid

Compare each registered rent to what you were charged. Amounts that appear to exceed the registered rent — plus lawful increases — may indicate an overcharge worth investigating.

Step 3 — File Form RA-89

File the Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments (Form RA-89) with DHCR. Include your rent history and receipts.

Overcharge look-back is generally 6 years under current law (HSTPA 2019).
DHCR can order refunds and, if the overcharge is found willful, triple damages.
Consider consulting a tenant attorney before filing.

Frequently asked questions

How long does DHCR take to decide?

DHCR processing times vary and often run many months. Tenants sometimes pursue court action in parallel with the guidance of counsel.

Do I need a lawyer to file?

You do not need a lawyer, but many tenants consult one because willful-overcharge findings and treble damages involve technical arguments.

What if my building isn't registered?

Failure to register can itself be relevant. Request the rent history and speak with a tenant-rights organization or attorney about next steps.