LANDLORD LOSES

LANDLORD LOSES

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...

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...