LANDLORD LOSES

Tenant Claims Rent Concession Was Preferential Rent

November 26, 2023    

Rent-stabilized tenant sued landlord in State Supreme Court, claiming rent overcharge. Tenant proposed that the case be a class action for all building tenants, claiming that landlord collected improper rents while...

DHCR Must Re-examine Whether Apartment Was Exempt from Rent Stabilization

November 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2020 that he was being overcharged. The DRA ruled against tenant, finding that the apartment was vacancy-deregulated in March 2017 when tenant moved in. Tenant...

Fraudulent Scheme to Deregulate Includes Inflation of Rents Leading to Future Deregulation

October 27, 2023    

Building tenants sued landlord for rent overcharges and engaging in a fraudulent scheme to deregulate various apartments. Among other things, tenants asked the court to rule on several key elements of their claims...

Court Permits Pretrial Questioning Back to 1984

October 27, 2023    

Tenants filed a class action lawsuit against landlord in 2018 for rent overcharges. The court rejected landlord's request to limit pretrial questioning and document production to a four-year period and instead...

Court Permits Limited Pre-Trial Questioning in Connection with Rent Fraud Claim

October 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court for permission to conduct discovery. She claimed rent overcharge and said there were questions about fraud because landlord...

DHCR Found $123,000 Overcharge to Tenant in 421-a Building

October 25, 2023    

Tenant complained to the DHCR of rent overcharge in January 2019 and claimed that landlord engaged in a fraudulent scheme to deregulate his apartment by misrepresenting to HPD that the building was a condominium in...

Landlord Overcharged Successor Tenant by Collecting Vacancy Increase

October 25, 2023    

Rent-stabilized tenant complained of rent overcharge in April 2019. He claimed that he was the successor tenant to his mother's apartment. After she died, landlord gave him a vacancy lease at a 20 percent rent...

Landlord Must Produce Pre-Base Date Rent History Records

September 25, 2023    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit and sought class action status. The court denied a motion by landlord to dismiss that claim, finding it...

Landlord Collected Rent Overcharges Under RGBO Order Nos. 40 and 41

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord Didn't Prove Claimed Individual Apartment Improvements

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord's Participation in LIHTC Program Didn't Prevent DHCR from Deciding Overcharge Claim

September 24, 2023    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court...

Tenants of 421-a Building Can Pursue Rent Overcharge Claims in Class Action

September 24, 2023    

Rent-stabilized tenants of a building receiving RPTL 421-a tax benefits sued landlord in 2021, claiming that landlord improperly utilized preferential rents as part of their initial 421-a registration. Tenants asked...