LANDLORD LOSES

Tenants Claiming Overcharge Granted Class Action Status

February 15, 2020    

Current and former building tenants sued landlord, claiming rent overcharge and improper deregulation of apartments while landlord received J-51 tax benefits for the building. Tenants asked the court to certify the...

Tenant's Dismissed Overcharge Claim Reopened Based on HSTPA

February 13, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. The DRA's finding was made based on a four-year base date of...

Rent Overcharge Case Reopened Based on Change in Lookback Period

February 13, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $597. Tenant appealed, and the case was reopened. The DRA had decided the...

Landlord Didn't Submit Lease or Ledger to DHCR

February 12, 2020    

The DHCR's Tenant Protection Unit (TPU) filed a complaint with the DRA claiming that landlord had overcharged tenant. The DRA found there was a willful overcharge since landlord failed to produce sufficient proof...

Look-Back Period in Pending Case Extended from Four to Six Years

February 12, 2020    

Tenants commenced a class action against landlord for rent overcharge and improper deregulation of a building receiving J-51 tax benefits. After the Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended...

Tub Reglazing Was Repair, Not Individual Apartment Improvement

January 29, 2020    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, awarding triple damages and attorneys' fees. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision was...

Pending Overcharge Case Reopened to Apply Six-Year Statute of Limitations

January 29, 2020    

Unregulated tenant sued landlord, claiming that his apartment had been illegally deregulated, that he was rent stabilized, and that he had been overcharged. The court ruled for tenant, finding that he was entitled to...

Tenants of J-51 Building Can Pursue Class Action Status

January 29, 2020    

Building tenants sued landlord, claiming rent overcharge and other violations of the rent stabilization law. Tenants also sought designation to proceed with the case as a class action. The court dismissed tenants...

Tenant Can Withdraw DHCR Complaint and File Claim in State Court Instead

January 28, 2020    

Rent-stabilized tenant complained to the DHCR of rent overcharge. Later, in March 2019, tenant's attorney wrote to the DRA and stated that tenant wished to withdraw his complaint because he wanted to file an...

DRA Mistakenly Ruled That Apartment Was Deregulated

January 28, 2020    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA found that the apartment's legal rent on April 27, 2011, was over the monthly deregulation threshold of $2,000...

Tenant Can Withdraw Pending Overcharge Claim Without Notice to Landlord

January 28, 2020    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA later terminated and dismissed the proceeding based on a withdrawal letter submitted by tenant's attorney. Tenant's attorney advised...

Pending Rent Overcharge Appeal Now Subject to Six-Year Base Date

January 28, 2020    

Tenant complained of rent overcharge. After some prior determination and PAR remand order, the DRA ruled against tenant in January 2019. The DRA found that landlord proved the installation of individual apartment...