LANDLORD LOSES

Settlement Agreement Not Signed by Court Wasn't Binding

October 30, 2017    

Tenant complained of rent overcharge. Landlord claimed that the apartment was unregulated. The DRA ruled against tenant, based on a settlement agreement between the parties so-ordered in a housing court case. In that...

DHCR Won't Consider New Proof Former Owner Set Tenant's Initial Rent

September 28, 2017    

Former rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that he was the first rent-stabilized tenant of the apartment, reducing that rent, and directing landlord to refund $2,...

Landlord Didn't List Higher Legal Rent and Preferential Rent in Leases

August 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant, finding that the monthly base date rent was $1,530, which was the amount charged and paid by tenant four years before filing his complaint. Landlord...

Total Rent Overcharge with Interest Is Over $475,000

August 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge during the four years since the base rent date. Tenant filed an Article 78 court appeal of the DHCR's...

Landlord Must Contact DOF to Determine How to Refund SCRIE Tenant

June 27, 2017    

Rent-stabilized tenant complained of rent overcharge based on a prior rent reduction order that froze the collectible rent to $621 from June 1, 2011, to September 2016 when rent was restored. The DRA ruled for tenant...

DHCR Properly Ordered Inspection to Confirm Whether IAIs Were Done

June 26, 2017    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment and found that landlord didn't prove costs to support the $312 IAI rent increase....

Landlord Overcharged Tenant for Parking Space

May 29, 2017    

Rent-stabilized tenant complained of rent overcharge in connection with his parking space. The DRA ruled for tenant, finding that landlord had collected an overcharge since the base date rent for garage space, and...

Landlord's Miscalculation of Rent Guidelines Increase Wasn't Excusable Error

May 29, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,800, including triple damages and interest. Landlord appealed and lost. Landlord argued that the...

On-Time Rent Provision in Lease Creates Preferential Rent

May 25, 2017    
Tenant complained of rent overcharge, claiming that  an “on-time discount” provision in his leases was improper. The DRA ruled for tenant and ordered landlord to refund $338. The DRA also reduced...

Landlord Can't Collect Cable TV Surcharge Without Tenant’s Written Consent

May 25, 2017    

Tenant complained of rent overcharge after landlord cooperative corporation started billing tenant three years earlier for a monthly $35 surcharge for cable television service. The DRA ruled for tenant and ordered...

DHCR Properly Computed Interest on Rent Overcharge

May 22, 2017    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and denied landlord’s PAR. Landlord filed an Article 78 appeal and lost. The court and appeals court found that the DHCR properly...

Tenant Claims Landlord Improperly Charged Her More Rent After Fire

April 28, 2017    

Rent-stabilized tenant complained of rent overcharge. After a June 2012 fire in her former apartment and six months in a shelter, landlord restored tenant to a different apartment and charged her more rent. The DRA...

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