LANDLORD LOSES

Overcharge with Interest Over $35K Was Based on Outstanding Rent Reduction Order

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,260, including interest. The overcharge finding was based on an outstanding rent reduction order that...

Landlord Must Produce Rent History Records Back to 2002

October 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge due to a 10-year gap in DHCR annual apartment registrations between 2003 and 2014. Tenant also claimed that the...

Tenants Seek Class Action Status for Rent Overcharge Claims

October 28, 2020    

Sixty-one tenants in 18 different buildings sued landlords and sought class action designation. Tenants claimed that owners were single-purpose-entity LLCs, all of which shared the same individual managing member....

Landlord Didn't Properly Reduce Rent Upon Transfer to Electrical Exclusion

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2012. He had lived in the apartment since 1976, and his initial monthly rent of $650 included a $100 charge for five air conditioners (at $20 each) installed by...

Tenant Can Withdraw DHCR Complaint and Sue Landlord in Court

July 21, 2020    

Tenant sued landlord claiming improper, fraudulent apartment deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Tenant had filed a complaint with the DHCR in March 2018 but later withdrew...

Landlord Couldn't Prove Individual Apartment Improvements

June 26, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge.  The court ruled for tenant, without trial, based on documents presented by both sides. The prior tenant's last rent was $869 per month. Tenant...

Court Reinstates Tenant's Overcharge Claim After Collazo Decision

June 25, 2020    

Tenant sued landlord for rent overcharge. The court dismissed the case without prejudice in January 2020 and instructed tenant to refile the overcharge claim with the DHCR. In April 2020, tenant sought to renew her...

Maximum Collectible Rent of Apartment Remained $75 per Month Since 1973

June 24, 2020    

Rent-controlled tenant complained of rent overcharge. The DRA found that the apartment's maximum collectible rent (MCR) was $75.06 per month effective Jan. 1, 1973. DHCR records showed that in May 1994, the DRA...

Rent Overcharge Resulted from 20-Year-Old Rent Reduction Order

June 24, 2020    

Rent-stabilized tenant complained of rent overcharge and lease violation. Tenant pointed out that there was a 2001 DHCR rent reduction order still in effect, which froze the apartment's legal rent. The DRA ruled...

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...