LANDLORD WINS

No Fraud Found in 1984 Rent Registration or 1994 Improvements

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but ordered landlord to refund just $122. Tenant appealed and lost. Tenant claimed fraud and that the DHCR should have looked back more...

Landlord Didn't Waive Right to Collect Appliance Surcharges

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge based on landlord's collection of rent surcharges for a washing machine starting in 2011 and an air conditioner starting in 2013. Tenant claimed that he had...

Landlord's Proof of Individual Apartment Improvements Was Sufficient

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Landlord disputed landlord's documentation of individual apartment improvements...

Failure to Provide DHCR Rider Documenting Improvements Didn't Bar IAI Rent Increase

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant questioned the rent increase the DRA approved for landlord's...

Individual Apartment Improvements Were Done Before Tenant Moved In

November 24, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $21,322, including triple damages. Landlord appealed and won. Landlord argued that, because the overcharge...

No Overcharge for MCI Rent Hike Upheld by DHCR

November 21, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund a total overcharge of $2,133, including triple damages. Tenant appealed and lost. Tenant claimed that she...

No Overcharge or Fraud Found to Trigger Review of Pre-Base Date Rent History

November 21, 2017    

Rent-stabilized SRO tenant complained of rent overcharge and claimed that landlord acted in a fraudulent scheme to remove her unit from rent stabilization. The DRA ruled against tenant, finding no overcharge. Tenant...

Legal Rent Was Based on Maximum Collectible Rents Set by DHCR

November 21, 2017    

Rent-controlled tenant complained of rent overcharge. The DRA ruled that tenant's maximum collectible rent (MCR) effective Jan. 1, 2017, was $992.98. In a prior DHCR order issued in response to another overcharge...

Prior Registered Rent Was More Than Rent Charged to Tenant

November 20, 2017    

Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for landlord without a trial. Tenant appealed and lost. Tenant stopped paying rent in October...

Landlord Waited Until PARs Decided Before Collecting MCI Rent Hikes

October 30, 2017    

Rent-stabilized tenants complained of rent overcharge. They claimed that landlord required signatures on 2014 and 2015 renewal leases that contained improper rents, including two MCI rent hikes that weren't...

Landlord Directed to Amend Rent Registration Error

October 30, 2017    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord improperly amended his 2015 annual apartment registration to reflect a legal rent of $1,945 per month. Landlord admitted that the correct...

Landlord Waited Until After Tenant's PAR Decided to Collect MCI Increase

September 28, 2017    

Rent-stabilized tenant complained of rent overcharge, specifically in connection with landlord's collection of MCI rent hikes. The DRA ruled against tenant, who appealed and lost. Tenant had filed a PAR...

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