LANDLORD WINS

DHCR Properly Calculated MBR and MCR for Rent-Controlled Tenant

April 23, 2023    

In 2019, landlord asked the DHCR for a ruling to establish the legal maximum rent of tenant's rent-controlled apartment. Using the information available in the DHCR's records, which included a prior Maximum...

Pre-Base Date IAIs Sufficiently Documented and Didn't Show Rent Fraud

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in early 2019. The DRA found that the four-year base date rent of $2,050 per month was legal but froze that rent based on landlord's failure to file annual...

Landlord Proved Costs for Rent Increase Based on IAIs

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and found a total overcharge of $1,864. Tenant appealed and lost. Tenant questioned landlord's claim that it spent $...

IAI Rent Increases Reinstated on Appeal of Overcharge Ruling Proved Lawful Vacancy Deregulation

January 25, 2023    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf prior to enactment of HSTPA amendments to the rent stabilization base date. The DRA ruled for tenant and directed...

Longevity Increase Applied When Vacancy Lease Was Due to Adding Roommates as Tenants

January 24, 2023    

Rent-stabilized tenant complained prior to June 14, 2019, of rent overcharge and that landlord failed to offer a proper renewal lease. The DRA ruled for tenant, finding that landlord was entitled to a vacancy rent...

No Proof of Improper Commercial Rental to Prior Tenant

December 19, 2022    

Tenant complained to the DHCR of rent overcharge, and claimed that his apartment had been fraudulently rented for commercial use before he moved in. The DRA ruled against tenant, finding that the base date rent four...

Landlord Properly Calculated a 1/40th Rent Increase for IAIs

December 19, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant after finding that the apartment had been vacancy-deregulated in 2009. Tenant appealed and lost. Landlord proved the deregulation through...

Apartment Was Vacancy-Deregulated After Gut Renovation

December 19, 2022    

Tenants complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenants, who appealed and lost. The DHCR found that the DRA had properly determined that the apartment was properly deregulated more...

Tenant No Longer Paid for Electricity After DHCR Issued Electrical Exclusion Order

October 24, 2022    

Rent-stabilized tenant filed a "specific" rent overcharge complaint with the DHCR. Tenant claimed that landlord didn't comply with a prior DHCR order issued in 2008, which found there was a $920...

Increase in Registered Stabilized Rent Didn't Support Colorable Claim of Fraud

September 26, 2022    

Tenant complained to the DHCR of rent overcharge, claiming that landlord engaged in a fraudulent illusory tenancy scheme. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant...

Legal Rent Set by HPD in 2001 Took Precedence Over Prior Rent Frozen by DHCR

September 26, 2022    

Tenants complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenants. Although there were open rent reduction orders going back to 1999 that froze the apartment's rent, an HPD order dated...

Overcharge Must Be Calculated from Rent Reduction Order's Effective Date

July 24, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that, between June 1 and Aug. 31, 2016, tenant's monthly collectible rent was reduced to $1 due to a vacate order following...