LANDLORD LOSES

Rent Overcharge Determined Using Sampling Method Default Formula

May 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund $7,640, including triple damages. Tenant appealed, claiming that the pre-base date rent...

Landlord Improperly Discontinued Preferential Rent

May 22, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of improper deregulation of her apartment and rent overcharge. The DRA ruled for tenant, finding that the apartment was rent stabilized and that tenant'...

Rent Overcharge Found Due to Pre-Base Date Rent Reduction Order

April 25, 2024    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant directed landlord to refund $57,975, including interest and triple damages. The overcharge finding was based on a...

$75,000 Default Method Overcharge Finding Based on Landlord's Failure to Answer Complaint

April 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $74,420, including triple damages. The overcharge was determined based on the Rent...

Landlord Submitted Insufficient Proof of Claimed IAIs

March 26, 2024    

TPU conducted an audit of individual apartment improvements (IAIs) made to a rent-stabilized apartment and found an overcharge. The TPU directed landlord to reset the registered $2,850 rent at $1,715, refund the...

Proof of Claimed Individual Apartment Improvements Was Insufficient

February 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $682, including triple damages. Landlord appealed and lost. Although landlord had proved...

Landlord Didn't Document Pre-Base Date Rent History in Support of Claimed Deregulation

February 21, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, found that he was rent stabilized, and found a total overcharge following the four-year...

DHCR Won't Consider Rent History Records Submitted by Landlord for First Time on Appeal

January 26, 2024    

The DHCR's Tenant Protection Unit (TPU) conducted an investigation of an apartment to determine its legal regulated rent (LRR). When landlord failed to respond to a 2016 TPU subpoena for rent records, TPU...

DHCR Won't Consider IAI Documentation Submitted for the First Time with Landlord's PAR

December 18, 2023    

The DHCR's Tenant Protection Unit (TPU) brought an audit proceeding for individual apartment improvements (IAIs) made to an apartment in landlord's building based on review of rent registrations for the unit...

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...