LANDLORD LOSES

LANDLORD LOSES

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...

Rent Overcharge Must Be Calculated Using Default Method

October 8, 2018    

Tenant sued landlord, claiming rent overcharge and fraud because his apartment was improperly deregulated while the building received J-51 tax benefits. The court ruled for tenant, finding that landlord engaged in a...

No Fraud Found in Connection with Rent Registrations or IAIs

August 24, 2018    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding that the rent was frozen at $1,925 per month when tenant moved in on Nov. 1, 2013, based on landlord...

Rent-Stabilized Rent Frozen Based on Missing Annual Rent Registrations

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $740, including interest. Landlord appealed and lost. The overcharge finding was based on a rent freeze...

1989 Rent Reduction Order Froze Tenant's Monthly Rent at $278

August 22, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and pointed out that a 1989 DHCR rent reduction order was still in effect since a 1994 rent restoration application...

Landlord Charged Vacancy Increase When Tenant's Spouse Added as Co-Tenant

August 21, 2018    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord collected illegal fees and surcharges. The DRA ruled for tenant and ordered landlord to refund $11,660, including triple damages. Landlord...

1996 Rent Reduction Order Applies to Freeze Rent

July 19, 2018    

Rent-stabilized tenant complained in 2015 of rent overcharge based on a 1996 rent reduction order that was still in effect. The DRA ruled for tenant and froze the 2011 base date rent at $650 based on the rent...

Landlord Didn't Submit Itemized Breakdown of IAI Costs

May 29, 2018    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that there was no overcharge and that it correctly charged tenant an individual apartment improvement (IAI) rent increase for new windows when...

Apartment Improperly Deregulated Under J-51

April 25, 2018    

Unregulated tenant complained of rent overcharge, improper deregulation, and fraud. Tenant's monthly rent was $2,700, and tenant questioned alleged individual apartment improvements (IAIs) made to the apartment....