LANDLORD LOSES

Overcharge Resulted from Incorrect Guidelines Increase for SRO Unit

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,447, including triple damages and interest. The DRA found that the base date rent was lawful, but there...

DHCR Uses Waiver Rule to Set Apartment's Legal Rent

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to offer tenant a renewal lease based on the current legal rent of $623 per month. Landlord appealed and lost....

No IAI Rent Increase Granted for Bathtub Reglazing

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $32,825, including triple damages and interest. Landlord appealed and lost. The DRA had excluded a $50...

DHCR Overcharge Case Reopened to Reconsider Tenant's Fraud Claim

July 23, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $318, including interest. The DRA found no colorable claim of any fraudulent scheme to deregulate...

Unapplied Rent Reduction Order Froze Tenant's Rent

July 23, 2021    

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that a prior rent reduction order had frozen his rent. The DRA ruled for tenant and ordered landlord to refund $7,918, including interest. Landlord...

Rent for Improperly Deregulated Tenant in J-51 Building to Be Set by Default Method

June 22, 2021    

Tenant and members of a class that he represented, all tenants in a building that received J-51 tax benefits, sued landlord. Tenants, who were certified as a class by the court, said they never received rent-...

Overcharge Resulted from Duplicative Rent Increases for IAIs

June 21, 2021    

The DHCR's Tenant Protection Unit (TPU) referred a rent overcharge claim to the DRA, after making a finding of rent overcharge that the landlord rejected. The TPU found that individual apartment improvements (...

Landlord Didn't Prove It Collected a Preferential Rent on Base Rent Date

May 24, 2021    

Rent-stabilized tenant complained in 2016 of rent overcharge, claiming that landlord incorrectly claimed that tenant paid a preferential rent. Tenant also claimed that the apartment rent was increased fraudulently to...

Landlord Claims Tenant Wasn't Entitled to Claim Rent Overcharge

April 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2017 and ordered landlord to refund $16,043, including triple damages. Landlord appealed and lost. Landlord claimed that tenant...

DHCR Won't Accept Rent Records Submitted for the First Time with PAR

April 26, 2021    

Rent-stabilized tenant complained of rent overcharge in 2013. The DRA ruled for tenant and ordered landlord to refund an overcharge. The DRA ruled for tenant because landlord failed to produce rent history records...

Landlord Didn't Comply with 1994 Rent Reduction Order

April 21, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a willful rent overcharge. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court proceeding, claiming...

Landlord Waived Right to Collect A/C Surcharge

March 29, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. Tenant claimed that he had bought and installed an air conditioner in his apartment some time ago and that current landlord only recently started charging...