LANDLORD LOSES

Landlord Who Purchased Building Responsible for Overcharge Refund

November 21, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord appealed and lost. In 2012, the DHCR had ruled there was a rent overcharge and directed prior...

Tenants Can Maintain Class Action for Rent Overcharge

November 21, 2019    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and a fraudulent scheme to inflate rents in over 20 buildings landlords owned and operated. The...

Tenants Can Pursue Overcharge Claim Under Six-Year Statute of Limitations

November 21, 2019    

Tenants sued landlord, seeking a declaration that: (a) their apartment was rent stabilized; (b) they were entitled to a rent-stabilized lease; and (c) they had been overcharged. The court granted landlord's...

Landlord Must Refund Over $147,000 for Rent Overcharge Based on Fraud

October 21, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $147,045, including triple damages and interest. Landlord appealed and lost. Landlord...

Rent Overcharge of Over $179,000 Due to Outstanding Rent Reduction Order

October 21, 2019    

Tenants complained of rent overcharge. The DRA ruled for tenants and found a total overcharge of $179,550 with triple damages and interest. Tenant appealed and lost. Rent Stabilization Code (RSC) Section 2526.1, in...

Rent Reduction Order Froze Rent at Preferential Rent

October 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $357, which had already been refunded through a rent credit. Landlord appealed and lost. The DRA found...

Tenant's Legal Rent Reduced Based on Improper Rent Discount Clause in Lease

September 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord argued that the legal regulated rent on the base date was $1,872, while the $1,400 rent paid by...

Court Freezes Legal Rent at Last Reliable Registered Rent

September 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant and later calculated the amount of the overcharge by applying the June 2019 amendments...

On-Time Rent Payment Discount Was Disallowed

September 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,662, with triple damages. Landlord appealed and lost. Tenant's lease that commenced on Sept. 1,...

Tenant Can Request Rent History Records Back to 2001

August 27, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed improper deregulation of the apartment based on landlord's fraudulent scheme to deregulate rent-stabilized units. Tenant argued...

Rent-Stabilized Tenant Was Overcharged for Garage Parking Space

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking garage space. The DRA ruled for tenant, finding that landlord charged more than a rent guidelines increase to tenant for the parking...

Court Permits Discovery of Rent History Records Going Back 23 Years

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Tenant, after...