LANDLORD LOSES

Tenant Can Conduct Pretrial Questioning of Managing Agent about IAIs from 1994

January 25, 2021    

Tenant sued landlord for improper deregulation and rent overcharge. Tenant claimed that the building received J-51 tax benefits, so the apartment couldn't be deregulated under high-rent vacancy deregulation....

Tenant Can Conduct Discovery Concerning IAIs with Counterclaim

January 25, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's monthly rent was $2,367, and tenant owed over $17,000 in back rent. Tenant claimed rent overcharge and asked the court for permission...

Rent Overcharge Calculation Method Modified for Tenant

January 25, 2021    

Landlord sued to evict tenant in 2017. Tenant claimed rent overcharge and improper deregulation. In 2018, the court ruled for tenant, noting landlord's fraudulent scheme to deregulate tenant's apartment. At...

Rent Overcharge Resulted from Landlord's Reliance on Deemed Leases

December 18, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the base date rent was $1,392 and that landlord was responsible for overcharges plus interest totalling $15,610. Landlord...

Rent Increase for IAIs Paid for by Insurance Proceeds Disallowed

December 18, 2020    

The DHCR's Tenant Protection Unit (TPU) conducted an audit of an apartment's rent based on registered rent showing that a rent increase was based on individual apartment improvements (IAIs). TPU determined...

Landlord Didn't Prove Cost of IAIs Resulted in Deregulation

December 14, 2020    

Tenant sued landlord and prior landlord, claiming rent overcharge and improper deregulation of her apartment. The trial court ruled for tenant, finding that the proven cost of individual apartment improvements (IAIs...

Overcharge with Interest Over $35K Was Based on Outstanding Rent Reduction Order

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,260, including interest. The overcharge finding was based on an outstanding rent reduction order that...

Landlord Must Produce Rent History Records Back to 2002

October 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge due to a 10-year gap in DHCR annual apartment registrations between 2003 and 2014. Tenant also claimed that the...

Tenants Seek Class Action Status for Rent Overcharge Claims

October 28, 2020    

Sixty-one tenants in 18 different buildings sued landlords and sought class action designation. Tenants claimed that owners were single-purpose-entity LLCs, all of which shared the same individual managing member....

Landlord Didn't Properly Reduce Rent Upon Transfer to Electrical Exclusion

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2012. He had lived in the apartment since 1976, and his initial monthly rent of $650 included a $100 charge for five air conditioners (at $20 each) installed by...

Tenant Can Withdraw DHCR Complaint and Sue Landlord in Court

July 21, 2020    

Tenant sued landlord claiming improper, fraudulent apartment deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Tenant had filed a complaint with the DHCR in March 2018 but later withdrew...

Landlord Couldn't Prove Individual Apartment Improvements

June 26, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge.  The court ruled for tenant, without trial, based on documents presented by both sides. The prior tenant's last rent was $869 per month. Tenant...