LANDLORD LOSES

Landlord Can't Collect MCI Rent Hike from Tenant Receiving SCRIE

December 18, 2016    

Westchester rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that tenant’s rent was frozen at $687 because tenant had a SCRIE. Landlord appealed and lost. Landlord argued...

First Rent Based on Average Rents in Building When Tenant Moved In

December 18, 2016    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $32,422, including interest. Landlord appealed and lost. Tenant moved into the apartment on Jan. 1, 2011, while the...

DHCR Can't Add Guideline Rent Increases After Setting Rent Using Default Method

November 17, 2016    

Tenant complained of rent overcharge. The DHCR ruled for tenant but found no willful overcharge and granted landlord Rent Guidelines Board increases in calculating the rent during the period of overcharge. The DHCR...

Landlord Can't Increase Improperly Deregulated Rent

November 17, 2016    

Tenant sued landlord for rent overcharge and claimed that he was improperly deregulated. Initially, the court ruled against tenant, who appealed and won. The appeals court found in 2015 that although landlord was...

Higher Legal Regulated Rent Not Preserved in Renewal Lease

October 27, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord had failed to provide for a preferential rent in a renewal lease commencing May 1, 2011. Therefore, the rent...

Landlord Must Refund Unexplained Credit Verification Fee

August 22, 2016    

Rent-stabilized tenant complained of rent overcharge collected at the time he rented the apartment. Tenant paid $2,400 although the first month’s rent and security deposit were each $1,100. The DRA ruled for...

On-Time Rent Payment Discount Isn't Preferential Rent

August 22, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRO ruled for tenant but found no amount due to tenant since landlord had already refunded $9,000, including interest. Landlord appealed and lost. Tenant...

Landlord Not Entitled to First Rent for New Apartment

July 25, 2016    

Tenant complained of rent overcharge. Landlord claimed that it was entitled to a first rent because it had added two bedrooms to tenant’s apartment. The DRA ruled for tenant and ordered landlord to refund $28,...

Landlord Overcharged Rent-Stabilized Tenant on Garage Rent

July 15, 2016    

Rent-stabilized tenant complained to the DHCR of rent overcharge. He claimed that landlord increased his parking space rent in excess of the legal rent when tenant renewed his lease. The DHCR ruled for tenant....

Rent Frozen at Preferential Rent

June 27, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant based on a pre-base date 1995 rent reduction order and froze tenant’s rent at $700.  Landlord was ordered to refund $44,839,...

No Overcharge Found for Months Where Landlord Didn’t Accept Rent Payments

June 24, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,245, including interest. Landlord appealed and won, in part. The DRA found that landlord collected...

1985 Rent Reduction Order Froze Rent Until Rent Restored in 2015

June 21, 2016    

Landlord sued to evict tenant for failing to sign an unregulated renewal lease that was offered. Tenant claimed that the apartment was rent stabilized and that he was being overcharged. The court ruled for tenant....