LANDLORD LOSES

On-Time Rent Payment Discount Was Unlawful

January 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced tenant's rent. Tenant's lease provided for a substantial rent discount every month as long as tenant paid rent...

Lower Court Must Recalculate Overcharge Liability Under HSTPA

January 27, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. In July 2018, the court granted tenant's request to dismiss the case and awarded tenant $8,112 on a rent...

Rent Increases for Unproven IAIs Were Properly Disallowed

December 18, 2019    

Tenant complained of rent overcharge and landlord's refusal to give her a rent-stabilized renewal lease. Tenant moved into the apartment in 2005 under a one-year lease at $1,300 per month. Landlord claimed that...

Landlord Waived Vacancy Increase by Charging Lower Rent

December 17, 2019    

Tenant complained of rent overcharge. Landlord claimed that the apartment was deregulated. The DRA ruled for tenant. Landlord appealed and lost. Tenant moved into the apartment on Feb. 1, 2015, at a monthly rent of $...

Landlord Waited Too Long to Collect Retroactive Rent Increases

December 17, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord had waived its right to collect retroactive rent increases under Rent Guideline Board Orders 40 and 41, authorized...

Landlord Didn't Answer Rent Administrator's Notice of Complaint

December 16, 2019    

Former tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint, and ordered landlord to refund an overcharge with triple damages....

Landlord Who Purchased Building Responsible for Overcharge Refund

November 21, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord appealed and lost. In 2012, the DHCR had ruled there was a rent overcharge and directed prior...

Tenants Can Maintain Class Action for Rent Overcharge

November 21, 2019    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and a fraudulent scheme to inflate rents in over 20 buildings landlords owned and operated. The...

Tenants Can Pursue Overcharge Claim Under Six-Year Statute of Limitations

November 21, 2019    

Tenants sued landlord, seeking a declaration that: (a) their apartment was rent stabilized; (b) they were entitled to a rent-stabilized lease; and (c) they had been overcharged. The court granted landlord's...

Landlord Must Refund Over $147,000 for Rent Overcharge Based on Fraud

October 21, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $147,045, including triple damages and interest. Landlord appealed and lost. Landlord...

Rent Overcharge of Over $179,000 Due to Outstanding Rent Reduction Order

October 21, 2019    

Tenants complained of rent overcharge. The DRA ruled for tenants and found a total overcharge of $179,550 with triple damages and interest. Tenant appealed and lost. Rent Stabilization Code (RSC) Section 2526.1, in...

Rent Reduction Order Froze Rent at Preferential Rent

October 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $357, which had already been refunded through a rent credit. Landlord appealed and lost. The DRA found...