NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Omitted Legal Regulated Rent from One Renewal Lease Listing Preferential Rent

April 28, 2019    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tub Reglazing and Wood Floor Refinishing Disallowed from IAI Costs

April 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total rent overcharge of $22. Tenant appealed and lost. Tenant disputed a number of individual apartment improvements (IAIs)...

Tenant's Daughter Was Entitled to Raise Rent Overcharge Claim

April 28, 2019    

Rent-stabilized tenant's daughter complained of rent overcharge. The DRA ruled for tenant's daughter and ordered landlord to refund $32,695, including interest. Landlord and tenant both appealed and lost....

Landlord Collected Two Vacancy Increases During One Calendar Year

April 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the total overcharge, including triple damages, was $10,397. Since landlord had refunded more than that amount to tenant,...

Apartment Was Vacancy Deregulated Before Tenant Moved In

April 26, 2019    

Unregulated tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant and dismissed the case. Tenant appealed and lost. Tenant paid $1,750 per month under his...

Landlord Proved Lawful Vacancy Deregulation of Apartment

April 26, 2019    

Unregulated tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The base rent date for tenant...

Landlord Can't Prove It Didn't Receive Notice of Overcharge Complaint

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $25,471, including interest and triple damages. Landlord appealed and lost. Landlord claimed that he didn...

Landlord Proved Cost of Individual Apartment Improvements

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. Her initial monthly rent in June 2015 was $1,500. The prior tenant's last rent was $753. The DRA ruled for tenant but found an overcharge totalling only $66....

Landlord Didn't Obtain Certificate to Operate Boiler

April 26, 2019    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenants.)

Triple Damages Applied When Overcharge Refunded Late

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the total overcharge was $11,407, including triple damages. Since landlord had refunded $13,750, landlord owed no further...

Newly Created Apartment Was Deregulated When Tenant Moved In

April 26, 2019    

Unregulated tenant complained in 2016 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. Prior landlord performed a gut renovation at the vacant building in...

Landlord Proved Rent Was Properly Deregulated

April 26, 2019    

Unregulated tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, who appealed and lost. The base rent date for tenant's complaint was in October 2012....