RENT OVERCHARGE

1996 Rent Reduction Order Applies to Freeze Rent

July 19, 2018    

Rent-stabilized tenant complained in 2015 of rent overcharge based on a 1996 rent reduction order that was still in effect. The DRA ruled for tenant and froze the 2011 base date rent at $650 based on the rent...

Landlord Didn't Preserve Legal and Preferential Rents in Leases

July 19, 2018    

Tenant complained of rent overcharge and claimed that her apartment was illegally deregulated. The DRA ruled for tenant, found that she was rent stabilized, reduced her rent from $2,410 to $1,965, and ordered landord...

No Overcharge Where Tenant Paid Preferential Rent During Lease Term

June 27, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a small overcharge that wasn't willful. Landlord appealed and won. Landlord pointed out that the DRA based the overcharge...

No Triple Damages for Overcharge Found Through Adjustment of Pre-Base Date Rent

June 27, 2018    

(Decision submitted by Ronald S. Languedoc of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Payroll Expense Disallowed from Cost of IAIs Added to Rent

June 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, disallowed part of a rent increase collected for individual apartment improvements (IAIs), and ordered landlord to refund $1,987....

Insufficient Proof to Support Tenant's Rent Fraud Claim

June 26, 2018    

Tenant complained of rent overcharge and improper deregulation of his apartment. Landlord claimed that the apartment was vacancy deregulated in 2006 and that it filed an exit registration with the DHCR at that time....

No Proof Landlord Didn't Offer Tenant One- or Two-Year Vacancy Lease

June 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in part, finding that the base date lease for prior tenant didn't preserve a claimed legal regulated rent higher than the rent paid....

DHCR Must Recalculate Base Rent Using Default Method

June 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. Since landlord was unable to submit the base date lease or to...

MCI Order Was Issued Before Base Rent Date

June 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord incorrectly applied an MCI rent increase to tenant's apartment, and ordered landlord to refund $17,441,...

Rent Overcharge of $120,000 Resulted from Landlord's Fraud

June 25, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had fraudulently set tenant's vacancy rent in 2008, based on a prior fictitious legal rent. The court ruled for tenant, found...

No Reason to Examine Pre-Base Date Rent History Concerning Longevity Increase

May 29, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA correctly applied the four-year rule to this case and found no overcharge...

Which Landlord Is Responsible for Overcharge After Judicial Sale of Building?

May 29, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,000, including interest and minus a prior partial refund. Landlord appealed and lost. Landlord claimed...

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