LANDLORD LOSES

No IAI Increase Permitted for Molding that Wasn't New

February 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,490, including interest. Landlord appealed and lost. Landlord objected to the DRA's denial of a...

Change in Rent Stabilization Code Didn't Create Hardship for Landlord

January 24, 2018    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,000, including interest. Landlord appealed and lost. Tenant's apartment was temporarily exempt from rent...

No Renewal Increases Added Where No Rent History Records Provided to DHCR

January 24, 2018    

Tenant complained of rent overcharge. Landlord claimed that the apartment was no longer rent stabilized due to high-rent vacancy deregulation. Tenant claimed fraud and said that the DRA should look at the rent...

Default Method Used to Set Base Date Rent

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,633, including interest and triple damages. The DRA used the DHCR's default method to set the base...

No Deemed Renewal for Prior Tenant Who Moved Out Before Lease Term Ended

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including interest and triple damages. Landlord appealed, claiming that the DRA should have...

DHCR Finds Rent Overcharge Despite Contrary TPU Ruling

January 19, 2018    

The DHCR's Tenant Protection Unit (TPU) initiated a rent overcharge complaint with the DHCR's Office of Rent Administration (ORA). The DRA ruled for tenant and ordered landlord to refund $85,000, including...

Tenant's Apartment Improperly Deregulated Based on Fraud

December 20, 2017    

Tenant complained of rent overcharge and that her apartment had been fraudulently deregulated. Landlord claimed that the apartment was unregulated. The DRA ruled for tenant, finding that landlord had engaged in a...

Landlord's Proof of IAIs Was Insufficient

December 20, 2017    

Tenant complained of rent overcharge. Landlord claimed that the apartment was permanently exempt since 2010. The DRA ruled for tenant, found that the apartment was rent stabilized, and ordered landlord to refund $65,...

Tenant's Rent Frozen Based on Rent Reduction Order

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,870, including interest. The DRA found an overcharge and froze tenant's rent based on a 2011 rent...

DHCR Won't Accept Proof of IAIs Submitted for First Time on Appeal

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $75,000, including triple damages and interest. Landlord appealed and lost. Landlord never responded to the DRA's...

Apartment Remained Rent Stabilized While Building Got J-51 Benefits

December 20, 2017    

Tenant complained of rent overcharge. Landlord claimed that the apartment was permanently exempt on the base date due to high-rent vacancy deregulation. The DRA ruled for tenant, found that tenant was rent stabilized...

DHCR Charges 9 Percent Annual Interest on Rent Overcharge

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $3,475, including interest. The DRA ordered landlord to refund $965 after deducting a refund landlord...

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