LANDLORD LOSES

Apartment Wasn’t Properly Deregulated

August 24, 2015    

Landlord sued to evict month-to-month tenant, claiming that the apartment was deregulated. Landlord said that the maximum legal rent had reached over $2,000 in 2006 when the apartment became vacant. Tenant claimed...

Default Formula Applied to Overcharge Claim

August 24, 2015    

The DHCR’s Tenant Protection Unit (TPU) commenced an audit against landlord, stating that claimed individual apartment improvements (IAIs) didn’t support the 2011 registered rent. The TPU instructed...

Landlord Apportioned Overcharge Refund Between Tenant and SCRIE

July 24, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $27,000, including interest. The DRA acknowledged a prior refund of $8,000 and ordered landlord to refund...

Landlord Waited Too Long to Collect Washing Machine Surcharge

July 24, 2015    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord improperly collected a washing machine surcharge. The DRA ruled for tenant and found that landlord had waived the surcharge. Landlord...

Collection of "Key Money" Was Rent Overcharge

May 22, 2015    

Rent-stabilized tenant complained of rent overcharge. He claimed that...

Landlord Waived Legal Regulated Rent

April 23, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $419, including interest. Landlord appealed and lost. Landlord argued that tenant's legal regulated...

Landlord Wasn't Ready to Replace Tiles at Access Inspection

March 18, 2015    

Rent-stabilized tenant complained of a reduction in services based on defective floor tiles. The DRA ruled for tenant and reduced his rent. Landlord later sought rent restoration based on the restoration of services...

Landlord Committed Fraud and Must Refund $377,000

January 26, 2015    

Tenant complained of rent overcharge. The DRA ruled against tenant because the base date rent in June 2004 was $3,200 and tenant therefore was exempt from rent stabilization based on high-rent deregulation. Tenant...

No Rent Increase for Second Vacancy in Same Calendar Year

January 26, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,000, including triple damages. Landlord had improperly collected a vacancy increase from tenant in...

Vacancy Increase Charged to First Successor Tenant Was Improper

January 23, 2015    

Tenant complained of rent overcharge because landlord charged her a vacancy increase when she got succession rights. Landlord claimed that tenant had no succession rights. The court ruled for tenant. Landlord...

Landlord Can't Charge Fee for Dogs in Apartment

January 23, 2015    

Rent-stabilized tenant complained of rent overcharge after new landlord charged her $50 for having dogs in her apartment. The DRA ruled for tenant, and ordered landlord to refund the $50. The DRA also ruled that...

No Rent Restoration for Unsafe Stove Installation

December 23, 2014    

Tenant complained of a reduction in services based on a defective stove and oven. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on the restoration of services. The...