LANDLORD LOSES

Landlord Overcharged Improperly Deregulated Tenant in J-51 Building

May 10, 2019    

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized and that landlord had overcharged him. The court ruled for tenant, dismissed the case, and awarded...

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 Charged Monthly Rent Increase for New Stove

March 19, 2019    

Rent-stabilized tenant complaint of rent overcharge. Specifically, tenant claimed that landlord added $12 per month to tenant's rent starting in January 2013 after landlord installed a new stove in tenant's...

Landlord Must Refund Overcharges to All Tenants Even Though Only One Complained

February 26, 2019    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment. Tenant moved into the apartment on July 15, 2014, under a one-year lease for $2,600 per month. The DRA ruled for tenant...

No Proof of Preferential Rent on Base Date

February 26, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,337, including triple damages. Landlord appealed and lost. Landlord didn't submit copies of any leases or ledgers...

On-Time Discount Rent Clause Is Invalid

January 28, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,919, including interest.

Overcharge Resulted from Collection of Owner-Affiliated Broker's Fee

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that she was charged an illegal broker's fee, application fee, key charge, and excessive late fees. The DRA ruled for tenant based on a prior DHCR...

Landlord Must Refund $93,000 Overcharge Due to 1988 Rent Reduction Order

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge and claimed that a rent increase based on individual apartment improvements (IAIs) was improperly calculated. The DRA ruled for tenant and ordered landlord to...

DHCR Correctly Found Overcharge Was Willful and Imposed Triple Damages

December 21, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 appeal, and the court sent the case back to the DHCR for reconsideration. The DHCR appealed and won. The...

Landlord Collected Full Rent While Rent Reduction Order Was in Effect

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $14,885, including interest. Landlord appealed and lost. The rent overcharge finding was based on a DHCR...

Landlord Collected Two Vacancy Increases in Same Calendar Year

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that it had made individual apartment improvements (IAIs) to the apartment before tenant moved in and paid a contractor $10,000 to replace all...

DHCR Properly Made Landlord and Tenant Responsible for Overcharge

October 29, 2018    

Landlord rented a rent-stabilized apartment to tenant in 1995, and periodically renewed the lease through 2007. Tenant was a business entity. In 2003, tenant''s rent was $1,524 per month, but tenant sublet...