LANDLORD LOSES

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...

Base Date Rent Set by Default Formula

June 23, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and set the base date rent by using the default formula. Landlord appealed and lost. Landlord claimed that the apartment was reconfigured into a duplex...

DHCR Inspection Showed None of the Claimed IAIs Were Done

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $138,204, including triple damages and interest. Landlord appealed and lost. Among other things, landlord...

Rent Overcharge of $170,000 Found Under Default Formula

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $169,926, including triple damages and interest. Landlord appealed and lost. Landlord had failed to submit...

Rent Overcharge for Storage Fee

June 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant because landlord charged tenant a $50 monthly storage fee when the building's initial service registration form included storage in...

Appeals Court Affirms $102,000 Rent Overcharge Award to Tenant

May 24, 2019    

Landlord sued to evict rent-stabilized tenant, who claimed improper vacancy deregulation and rent overcharge. The court ruled for tenant and ordered landlord to refund $102,000 in overcharges. Landlord appealed and...

Rent Frozen Until Landlord Files Missing Annual Rent Registrations

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $17,560, including triple damages. Landlord appealed and lost. The base date rent in September 2012 was $...

Legal Rent Reduced Based on Improper Conditional Rent Concession Clause

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,220, including interest and triple damages. The DRA found that landlord offered tenant a temporary...