LANDLORD LOSES

On-Time Rent Provision in Lease Creates Preferential Rent

May 25, 2017    
Tenant complained of rent overcharge, claiming that  an “on-time discount” provision in his leases was improper. The DRA ruled for tenant and ordered landlord to refund $338. The DRA also reduced...

Landlord Can't Collect Cable TV Surcharge Without Tenant’s Written Consent

May 25, 2017    

Tenant complained of rent overcharge after landlord cooperative corporation started billing tenant three years earlier for a monthly $35 surcharge for cable television service. The DRA ruled for tenant and ordered...

Tenant Claims Landlord Improperly Charged Her More Rent After Fire

April 28, 2017    

Rent-stabilized tenant complained of rent overcharge. After a June 2012 fire in her former apartment and six months in a shelter, landlord restored tenant to a different apartment and charged her more rent. The DRA...

Landlord Must Refund $32,820 to Tenant Based on 1993 Rent Reduction Order

April 28, 2017    

Rent-stabilized tenant complained of rent overcharge based on a prior rent reduction order. The DRA ruled for tenant. The 1993 rent reduction order froze tenant’s rent at $181, and the DRA ordered landlord to...

No Proof Landlord Entitled to Collect Air Conditioner Surcharge

April 28, 2017    

Tenant complained of rent overcharge based on an air conditioner surcharge collected by landlord. The DRA ruled for tenant. Landlord appealed and lost. While DHCR Operational Bulletin 84-4 allows landlords to collect...

Landlord Didn't Prove Base Rent Was Preferential Rent

April 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $808, including interest. Landlord appealed and lost. Landlord claimed that tenant paid a preferential rent and that the...

Landlord Doesn't Prove IAIs Were Made

April 24, 2017    

Rent-stabilized tenant sued landlord for rent overcharge, claiming that landlord improperly imposed a $175 monthly rent increase for individual apartment improvements (IAIs) that it claimed were made before tenant...

Landlord Didn't Raise Judicial Sale Claim Before the DRA

March 17, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, used the default method based on an incomplete rent history, and ordered landlord to refund $30,450, including triple damages. Landlord...

DHCR Must Re-examine Overcharge Claim for Fraud

March 14, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant, finding that the base date rent was $1,800 per month, that there was no reason to review rental events pre-dating the base date, and that the total rent...

Landlord Didn't Prove That Base Rent Was Preferential

February 26, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,225, including triple damages. Landlord appealed and lost. Tenant showed that he paid $900 per month...

Four-Year Rule Applied to Overcharge Claims

December 20, 2016    

Tenants brought a class action against landlord, seeing a declaration as to their rent-stabilized status and payment of damages for rent overcharges. Tenants claimed that landlord had improperly deregulated...

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