RENT OVERCHARGE

Landlord Submitted Sufficient Proof of Individual Apartment Improvements Under Prior Rules

May 26, 2017    

(Decision submitted by Michael Littman of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

On-Time Rent Provision in Lease Creates Preferential Rent

May 25, 2017    
Tenant complained of rent overcharge, claiming that  an “on-time discount” provision in his leases was improper. The DRA ruled for tenant and ordered landlord to refund $338. The DRA also reduced...

DHCR Can Review Pre-Base Date Rent History

May 25, 2017    

Tenant complained of rent overcharge in 2009, claiming that when she moved into the apartment in 2004 at a monthly rent of $2,700, she was given an improper deregulated lease. Tenant said that the building was...

Landlord Can't Collect Cable TV Surcharge Without Tenant’s Written Consent

May 25, 2017    

Tenant complained of rent overcharge after landlord cooperative corporation started billing tenant three years earlier for a monthly $35 surcharge for cable television service. The DRA ruled for tenant and ordered...

DHCR Can't Rule on Whether Landlord Can Charge Tenant Attorney's Fees

May 25, 2017    

Rent-stabilized tenant complained of rent overcharge after landlord billed him for attorney’s fees in addition to his monthly rent. Landlord claimed that the fees were charged because after the Fire Department...

Tenant Claims Landlord Improperly Charged Her More Rent After Fire

April 28, 2017    

Rent-stabilized tenant complained of rent overcharge. After a June 2012 fire in her former apartment and six months in a shelter, landlord restored tenant to a different apartment and charged her more rent. The DRA...

Landlord Must Refund $32,820 to Tenant Based on 1993 Rent Reduction Order

April 28, 2017    

Rent-stabilized tenant complained of rent overcharge based on a prior rent reduction order. The DRA ruled for tenant. The 1993 rent reduction order froze tenant’s rent at $181, and the DRA ordered landlord to...

No Proof Landlord Entitled to Collect Air Conditioner Surcharge

April 28, 2017    

Tenant complained of rent overcharge based on an air conditioner surcharge collected by landlord. The DRA ruled for tenant. Landlord appealed and lost. While DHCR Operational Bulletin 84-4 allows landlords to collect...

Court Vacates Settlement Agreement to Let Tenant Assert Overcharge Claim

April 28, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which landlord got a judgment of possession. Tenant later asked the court to vacate...

Landlord Didn't Prove Base Rent Was Preferential Rent

April 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $808, including interest. Landlord appealed and lost. Landlord claimed that tenant paid a preferential rent and that the...

Landlord Discontinued Preferential Rent in Error

April 26, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Landlord had incorrectly discontinued a preferential rent agreed to in tenant’s initial lease. The base...

Delayed Overcharge Refund Didn't Overcome Presumption of Willfulness

April 26, 2017    

Tenant complained of rent overcharge in 2014, claiming that landlord continued to collect rent increases after a prior rent reduction order froze tenant’s rent. The DRA ruled for tenant and ordered landlord to...

Page
of 142Next