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Rent overcharge in NY: how to file a complaint

How to file a rent overcharge complaint with NY HCR (Form RA-89): the six-year lookback, treble damages for willful overcharges, evidence and timeline.

8 min read · Updated

If you pay more than the legal regulated rent for a rent-stabilized apartment, you can file an overcharge complaint with New York State Homes and Community Renewal (HCR) on Form RA-89, online through Rent Connect or on paper. HCR can lower your rent and order a refund of up to six years of overcharges, and if the owner can't prove the overcharge wasn't willful, the penalty is three times the overcharge.

Those rules come from the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which took effect June 14, 2019. Below is what changed, how to build your case, and what happens after you file.

At a glance

Form
RA-89
Rent stabilized; RA-89C for rent control
Lookback
6 years
Overcharges collectible and rent review, generally
Willful overcharge
3× the overcharge
Owner must prove it wasn’t willful
Appeal window
35 days
Petition for Administrative Review (PAR) after an order

What counts as an overcharge

An overcharge is rent collected above the legal regulated rent for your apartment. Common causes include renewal increases above the Rent Guidelines Board rate, unsupported increases for apartment improvements, a preferential rent that was dropped at renewal, improper deregulation, and charging the statutory vacancy increase that the 2019 law eliminated. A prime tenant who sublets a stabilized apartment can also overcharge a subtenant; HCR says a subtenant can file Form RA-89, and a prime tenant found to have overcharged must refund three times the overcharge.

The rules after the 2019 law

Overcharge rules before and after HSTPA (rent-stabilized apartments)
Complaints filed before June 14, 2019Complaints filed on or after June 14, 2019
Rent history reviewGenerally 4 yearsGenerally 6 years (with exceptions)
Overcharges you can recover4 years6 years
Treble damages if willfulOn overcharges from 2 years before filingOn overcharges from up to 6 years before filing
If owner proves not willfulOvercharge plus interestOvercharge plus interest

HCR's Policy Statement 2020-1 explains the burden: the owner must prove by a preponderance of the evidence that the overcharge was not willful. If the owner submits no evidence, or the evidence is evenly balanced, the overcharge is treated as willful. A voluntary rent adjustment or refund after the fact does not count as evidence that it wasn't willful.

State law (CPLR 213-a) says an overcharge claim may be filed at any time, but no penalties or damages can be awarded for a period more than six years before the complaint is filed. So waiting costs you money: every month you delay, the oldest month of overcharge falls outside the window.

Worked example

Say your legal regulated rent was $1,800 but you paid $2,000 for 24 months. The overcharge is $200 × 24 = $4,800. If HCR finds it willful, the penalty is three times that, $14,400, payable to you. If the owner proves it wasn't willful, you get $4,800 plus interest. Either way, your rent going forward is reset to the legal rent. Estimate your own numbers with the rent overcharge estimator.

Before you file: gather the evidence

HCR's RA-89 instructions say you must submit all documentation supporting your claim with the complaint, and an incomplete complaint will be returned. Collect:

Evidence checklist for an overcharge complaint
DocumentWhy it matters
Your rent history from HCRShows the registered legal rents; request it first (see our guide)
Every lease and renewal you signedShows the rent and term the owner charged each year
The Rent Stabilization Lease RiderShould explain how the rent was calculated and any improvement increases
Proof of paymentCancelled checks, bank statements, rent receipts
Any IAI consent forms or improvement noticesImprovement increases need support; occupied-unit IAIs need your written consent
Court decisions or prior HCR ordersThe RA-89 instructions list these as supporting documents
Notes and correspondenceEmails or letters about rent, renewals, or a preferential rent

Read HCR's Fact Sheet #26 alongside your rent history. HCR describes it as a guide to checking whether an apartment's registration status and rent are lawful. If you have questions, the RA-89 instructions suggest you may also discuss them with the owner first. To get the history, follow how to request your rent history from HCR.

How to file with HCR

  1. 1

    Choose online or paper

  2. 2

    Complete every section

  3. 3

    Attach your documents

  4. 4

    Wait for the acknowledgment

What happens after you file

  1. Filing

    Complaint docketed

    HCR acknowledges the complaint by mail.
  2. Investigation

    Owner served and evidence gathered

    HCR serves the complaint on the owner, who can answer, and gathers evidence. HCR does not publish a standard processing time.
  3. If an overcharge is found

    Owner gets a chance on willfulness

    If treble damages are about to be imposed, the owner is notified and can submit evidence by the deadline in that notice to prove the overcharge was not willful.
  4. Order

    Rent Administrator’s order

    The order sets the legal regulated rent and the penalty. Unless HCR issues a stay, you can start paying the lower rent from the first rent payment date after the order.
  5. Within 35 days

    Appeal window (PAR)

    Either side can file a Petition for Administrative Review (Form RAR-2). A PAR delays collection of the penalty, but not the lower rent.
  6. After the PAR

    Possible court review

    After a PAR order, a party can bring an Article 78 proceeding in court, which can further delay collection by judgment.
  7. Final order

    Collect the penalty

    Choose one method: offset against rent, or file a judgment. Details below.

Collecting what you're owed

HCR's Fact Sheet #16 gives you two methods once the order is final. You must choose one.

Offset methodJudgment method
How it worksDeduct up to 20% of the penalty from each month’s rent until it’s paid offFile the order as a judgment; it can become a lien on the owner’s property
Who can use itTenants still in the apartmentPenalty over $1,000, or you have moved out
When you can startAfter the 35-day PAR period (or after the PAR order affirms)After the PAR period, or 60 days after a PAR order with no court challenge
PaperworkNone with HCR; keep the orderSend Form RN-14 to HCR for certification, then file RN-14, RN-14.1 and the order with the County Clerk
In the example ($14,400)Up to $2,880 off rent each monthJudgment for $14,400

If 20% of the penalty is more than a month's rent, Fact Sheet #16 says you don't pay rent until the full refund is recovered. For rent-controlled apartments, collection stays with the courts, and HCR's Fact Sheet #1 says refunds are limited to two years before the complaint was filed.

HCR or court?

You can file with HCR without a lawyer, and HCR's order sets the legal regulated rent. An overcharge claim can also be raised in court, for example as a claim in a lawsuit or as a defense and counterclaim if the landlord sues you in Housing Court for rent; the same six-year damages limit in CPLR 213-a applies. Courts, HCR and a pending case can interact in ways that affect your rights, so if you are already in Housing Court, talk to a lawyer before filing anywhere else. See our NYC Housing Court guide.

Fact-checked October 12, 2026

Re-verified 2026-10-12. HCR overcharge page: RA-89/RA-89.1 (stabilized), RA-89C (rent control), Rent Connect online filing, lower rent and refund, treble for willful, rent-control collection stays with courts, offset/judgment methods. RA-89.1 (12/23): all documentation required, list of supporting documents, two copies, incomplete complaints returned, acknowledgment on docketing, six-year printout not a legal-rent determination, may discuss with owner. Policy Statement 2020-1 (Aug 2020): owner burden by preponderance, no/balanced evidence = willful, 6-year treble window for complaints on/after June 14, 2019 vs 2 years before, voluntary refunds not evidence (owner response deadline now described as the deadline in the notice, since the statement text reads "twenty (21) days"). FS-1 (01/2024): 4-to-6-year collectibility and review, complaint served on owner, rent-control 2-year refund limit. FS-16 (07/2025): 35-day PAR (RAR-2), lower rent from next payment unless stayed, 20% offset and no rent if 20% exceeds rent, $1,000/moved-out judgment rule, 60 days after PAR order, RN-14/RN-14.1, Article 78. FS-7 (07/2022): subtenant RA-89 and treble refund. FS-26 (07/2026): written IAI consent for occupied units, use with rent history. CPLR 213-a text checked. Worked example arithmetic checked ($200 x 24 = $4,800; x3 = $14,400; 20% = $2,880). No HCR processing time is published, so none is given.

Sources

  1. Rent Increases and Rent Overcharge · NYS Homes and Community Renewal (DHCR) (accessed October 12, 2026)
  2. Form RA-89: Tenant’s Complaint of Rent and/or Other Specific Overcharges (RA-89 12/23) · NYS Homes and Community Renewal (DHCR) (accessed October 12, 2026)
  3. Policy Statement 2020-1: Application of the Treble Damages Penalty · NYS Homes and Community Renewal (DHCR) (accessed October 12, 2026)
  4. Fact Sheet #16: Collecting Overcharges in Rent Stabilized Apartments, FS-16 (07/2025) · NYS Homes and Community Renewal (DHCR) (accessed October 12, 2026)
  5. Fact Sheet #1: Rent Stabilization and Rent Control, FS-01 (01/2024) · NYS Homes and Community Renewal (DHCR) (accessed October 12, 2026)
  6. Fact Sheet #26: Guide to Rent Increases for Rent Stabilized Apartments, FS-26 (07/2026) · NYS Homes and Community Renewal (DHCR) (accessed October 12, 2026)
  7. Fact Sheet #7: Sublets, Assignments and Illusory Tenancies, FS-07 (07/2022) · NYS Homes and Community Renewal (DHCR) (accessed October 12, 2026)
  8. CPLR § 213-a: Residential rent overcharge · New York State Senate (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.

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