LANDLORD LOSES

Overcharge Resulted from Failure to Apply DHCR Rent Reduction Order

May 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,900. In response, tenant claimed that at least some rent had been paid, that there was a breach of the warranty...

Court Grants Discovery for Rent Overcharge Claim Going Back to 1984

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $12,900. In response, tenant claimed rent overcharge after obtaining an attorney and asked for permission to amend her answer...

New Landlord Who Claims Overcharge Not Willful Must Produce Due Diligence Report

March 23, 2020    

Tenants sued landlord for rent overcharge while landlord received J-51 tax benefits for its building. Landlord claimed that it didn't willfully overcharge tenants because it relied on misrepresentations...

Undocumented Walls Discounted from IAI Rent Increase

March 19, 2020    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint concerning tenants' apartment, based on its audit finding that landlord failed to justify the cost individual apartment improvements (...

DHCR Reopens Tenant's Denied Rent Overcharge Claim

March 17, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and claimed that landlord engaged in a fraudulent scheme to deregulate the apartment. The DHCR sent the case back to...

Court Refers Tenant's Overcharge Claim to DHCR

February 24, 2020    

Tenant sued landlord, claiming that her apartment was rent stabilized, that it had been improperly deregulated, and that she had been overcharged. Landlord asked the court to dismiss the case, and tenant asked the...

Prior DHCR Finding of Vacancy Deregulation Revoked

February 21, 2020    

Tenant complained in January 2017 of rent overcharge and fraudulent deregulation of his apartment. The DRA ruled against tenant in January 2018. The DRA applied the default method to the claim since landlord didn...

Extended Six-Year Look-Back Period Applied to Landlord's PAR

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in June 2018 and ordered landlord to refund $5,200, including interest and triple damages. Landlord appealed, and the DHCR ruled...

Six-Year Look-Back Period Applied to Pending PAR

February 20, 2020    

Rent-stabilized Yonkers tenant complained of rent overcharge in March 2017. The DRA ruled against tenant, finding no overcharge since the four-year base rent date. Tenant appealed, and the DHCR reopened the case. The...

Rent Overcharge Claim Reopened

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in June 2018, finding a small overcharge of $171 including interest. Tenant appealed in July 2018. In December 2019, the DHCR reopened...

Tenants Claiming Overcharge Granted Class Action Status

February 15, 2020    

Current and former building tenants sued landlord, claiming rent overcharge and improper deregulation of apartments while landlord received J-51 tax benefits for the building. Tenants asked the court to certify the...

Tenant's Dismissed Overcharge Claim Reopened Based on HSTPA

February 13, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. The DRA's finding was made based on a four-year base date of...