LANDLORD LOSES

Tenant's Preferential Rent Must Remain in Place Upon Lease Renewal

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

On-Time Rent Clause Reduced Claimed Preferential Rent to Legal Regulated Rent

February 25, 2025    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $15,873, including triple damages. Landlord appealed and lost. The DRA had properly...

New Landlord Responsible for Willful Rent Overcharge Based on Prior Rent Reduction Order

February 25, 2025    

Rent-stabilized tenant complained to the DHCR on June 25, 2019, of rent overcharge. The DRA ruled for tenant and ordered a refund of $50,869, including triple damages, for overcharges occurring between 2015 and 2023...

Legal Rent When Tenant Changed Units Remained Rent Collected for First Unit

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,170, including triple damages. Tenant appealed and won. Tenant argued that the actual overcharge was...

Default Formula Applied to Set Base Date Rent Where No Rent History Records Supplied

February 24, 2025    

In 2017, the DHCR's Rent Administrator opened a rent overcharge proceeding upon referral from the agency's Tenant Protection Unit (TPU). In June 2021, the DRA requested from landlord complete rent history...

Default Formula Properly Applied to Overcharge Claim

February 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. Despite a number of granted extensions, landlord didn't submit any rent history records. The DRA then ruled for tenant and set the base...

Landlord Must Produce Pre-Lookback Period Records

February 24, 2025    

(Decision submitted by Kirsten Zambrano, Esq. of Manhattan Legal Services, attorneys for the tenant.)

Tenants Sufficiently Presented Claims of Overcharge and Improper Deregulation

January 25, 2025    

Various building tenants sued landlord, claiming rent overcharge and improper deregulation of their apartments, which they claimed were rent stabilized. They also claimed breach of the warranty of habitability for...

DHCR Must Go Back More Than Four Years to Calculate Legal Rent in Pre-HSTPA Case

January 24, 2025    

Rent-stabilized tenant applied to the DHCR for a calculation of the legal regulated rent for his apartment. The DRA ruled in 2020 that the legal rent was $1,161.90 per month at the expiration of the most recent...

Rent Overcharge of $150,000 Results from Outstanding Rent Reduction Order

January 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $150,249, including interest and triple damages. The overcharge finding was based on...

Rent Overcharge Decided Using Default Formula

January 24, 2025    

The DHCR's Tenant Protection Unit (TPU) reviewed 2014 and 2015 rent registrations for an apartment and conducted a rent audit, requesting rent history documentation from landlord. Landlord didn't comply after...

Failure to Comply with 2008 Rent Reduction Order Led to $155,000 Rent Overcharge

January 21, 2025    

Rent-stabilized tenant complained of rent overcharge based on an outstanding rent reduction order. The DRA ruled for tenant and ordered landlord to refund $154,957, including triple damages and interest. Tenant's...