Tenant Improperly Claims Rent Overcharge After Final DHCR Rulings

June 23, 2018

LVT Number: #28435

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed that landlord failed to properly calculate his rent in light of J-51 tax relief and fuel cost adjustments. The court ruled for landlord. Tenant appealed and lost. The DHCR had made several rulings on tenant's overcharge claims, and tenant didn't file any Article 78 petitions to seek further review. Landlord therefore correctly sought a balance due of $2,075. 

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed that landlord failed to properly calculate his rent in light of J-51 tax relief and fuel cost adjustments. The court ruled for landlord. Tenant appealed and lost. The DHCR had made several rulings on tenant's overcharge claims, and tenant didn't file any Article 78 petitions to seek further review. Landlord therefore correctly sought a balance due of $2,075. 

Petros Realty Owners, LLC v. Vetrano: 59 Misc.3d 148(A), 2018 NY Slip Op 148(A) (App. T. 2 Dept.; Pesce, PJ, Aliotta, Elliot, JJ)

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