LANDLORD LOSES

Rent Overcharge Settlement Agreement Signed Before Regina Upheld on Appeal

April 26, 2022    

Building tenants sued landlord for rent overcharge and improper deregulation of their apartments. In 2018 the court found that landlord engaged in a fraudulent scheme to deregulate by falsely exempting some...

Subtenant Sues Landlord and Tenant to Collect on $200K Overcharge Judgment

April 26, 2022    

A subtenant sued landlord and the prime tenant of a rent-stabilized apartment for rent overcharge. Landlord and prime tenant had signed an initial lease in 1995 and then renewed the lease periodically through 2007....

Tenant Can Subpoena DHCR Rent Registration Records for Entire Building

April 25, 2022    

Tenant sued landlord, claiming rent overcharge and improper apartment deregulation. During the proceeding, tenant subpoenaed DHCR rent registration records for the entire building. Landlord objected and asked the...

Rent Reduction Order Still in Effect Resulted in $59,000 Overcharge

April 17, 2022    

The DHCR's Tenant Protection Unit (TPU) conducted an audit of an apartment's registered rent-stabilized rent. After finding that landlord hadn't fully substantiated the registered rent, TPU filed a rent...

Fire Damage Repair Costs Don't Qualify as IAIs

April 17, 2022    

Tenant complained in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that landlord properly added a rent increase for individual apartment improvements (IAIs) to the...

DHCR Disallowed Duplicate, Unexplained IAI Costs

April 17, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $42,108, including triple damages and interest. Landlord appealed and lost. Landlord argued that...

Tenant's Legal Rent Must Be Based on Prior Unit's Rent After Tenant Transfers to New Unit Within Building

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,434, including interest.

Tenants in J-51 Building Qualify for Class Action Certification

March 28, 2022    

Tenants of an apartment building sued landlord for rent overcharge after landlord improperly deregulated units while the building received J-51 tax benefits. The court denied tenants' request for certification of...

Contractor Who Performed IAIs Shared Identity of Interest with Landlord

March 23, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and got the case reopened. Tenant questioned individual apartment improvements (IAIs) that landlord claimed...

On-Time Rent Payment Discount Wasn't Preferential Rent

March 23, 2022    

Rent-stabilized tenant complained of rent overcharge resulting from an on-time rent discount provision in her lease. The lease rider gave tenant a preferential rent but stated that, if the preferential rent wasn'...

Rent Overcharge Resulted from Improper Apartment Deregulation

February 21, 2022    

Landlord sued to evict unregulated tenant in 2017 after tenant's unregulated lease expired. In response, tenant claimed rent overcharge and improper deregulation of the unit. The court ruled for tenant in early...

Tenant Didn't Have to Prove Rent Paid in Overcharge Claim Filed by TPU

February 16, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint with the DRA after auditing claimed individual apartment improvements (IAIs). New landlord claimed that the apartment was vacant in August...