LANDLORD LOSES

Tenant's Legal Rent Reduced Based on Improper Rent Discount Clause in Lease

September 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord argued that the legal regulated rent on the base date was $1,872, while the $1,400 rent paid by...

Court Freezes Legal Rent at Last Reliable Registered Rent

September 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant and later calculated the amount of the overcharge by applying the June 2019 amendments...

On-Time Rent Payment Discount Was Disallowed

September 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,662, with triple damages. Landlord appealed and lost. Tenant's lease that commenced on Sept. 1,...

Tenant Can Request Rent History Records Back to 2001

August 27, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed improper deregulation of the apartment based on landlord's fraudulent scheme to deregulate rent-stabilized units. Tenant argued...

Rent-Stabilized Tenant Was Overcharged for Garage Parking Space

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking garage space. The DRA ruled for tenant, finding that landlord charged more than a rent guidelines increase to tenant for the parking...

Court Permits Discovery of Rent History Records Going Back 23 Years

August 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Tenant, after...

Court Grants Pre-Trial Questioning on Rent Overcharge Claim

August 21, 2019    

Landlord sued to evict month-to-month tenant when tenant's lease expired, claiming that the apartment was deregulated. Tenant claimed that the apartment was improperly deregulated and that there was a rent...

Rent Overcharge Resulted from 1989 Rent Reduction Order

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,517, including interest. Landlord appealed and lost. Tenant moved into the apartment in 2013. The...

Interest Applies to Rent Overcharge Finding, Even If Overcharge Not Willful

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,125, including interest. The rent overcharge was based on prior rent reduction orders that froze...

Rent Reduction Order Froze Collectible Rent at Preferential Rent

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,880, including triple damages. Landlord appealed and lost. Landlord argued that the DRA applied the...

Landlord Must Refund Overcharge to Complaining Tenant Where Co-Tenant Made No Claim

July 22, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $17,981, including triple damages. Landlord appealed and lost. Among other things, landlord argued that the complaining...

Tenant Overcharged for Ancillary Parking Space

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking space. The DRA found that landlord charged tenant the proper parking tax at a 10 percent rate on the March 2013 base rent date. And...