LANDLORD LOSES

Landlord's Proof of IAIs Was Insufficient

December 20, 2017    

Tenant complained of rent overcharge. Landlord claimed that the apartment was permanently exempt since 2010. The DRA ruled for tenant, found that the apartment was rent stabilized, and ordered landlord to refund $65,...

Tenant's Rent Frozen Based on Rent Reduction Order

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,870, including interest. The DRA found an overcharge and froze tenant's rent based on a 2011 rent...

DHCR Won't Accept Proof of IAIs Submitted for First Time on Appeal

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $75,000, including triple damages and interest. Landlord appealed and lost. Landlord never responded to the DRA's...

Apartment Remained Rent Stabilized While Building Got J-51 Benefits

December 20, 2017    

Tenant complained of rent overcharge. Landlord claimed that the apartment was permanently exempt on the base date due to high-rent vacancy deregulation. The DRA ruled for tenant, found that tenant was rent stabilized...

DHCR Charges 9 Percent Annual Interest on Rent Overcharge

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $3,475, including interest. The DRA ordered landlord to refund $965 after deducting a refund landlord...

Landlord Fraudulently Deregulated J-51 Apartments

December 17, 2017    

Two tenants sued their building's landlord, claiming that they were improperly given unregulated leases when they moved into the building in 1999 and 2008 respectively. The building received J-51 benefits between...

Tenant Can Conduct Pretrial Questioning on Rent Overcharge and Fraud Claims

November 29, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud by landlord, and asked the court for permission to conduct pretrial question and document requests....

Landlord Must Refund to Tenant Portion of Rent Overcharge Paid by SCRIE Program

November 27, 2017    

Rent-stabilized tenant who received Senior Citizen Rent Increase Exemption (SCRIE) benefits complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $870 to tenant and $3,232 to the New...

1993 Rent Reduction Order Results in $92,000 Overcharge

November 24, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and froze tenant's monthly rent at $360, based on a 1993 rent reduction order for the apartment that was still in effect. This...

Landlord Waited Too Long to Collect Appliance Surcharge

November 21, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord's late fee charges were excessive and that landlord had waived the right to collect a washing machine...

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,...