LANDLORD WINS

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...

No Overcharge Where Landlord Lowered Base Date Rent Upon Renewal

September 28, 2017    

Rent-stabilized tenant complained of rent overcharge, and claimed that landlord fraudulently attempted to deregulate the apartment. The DRA ruled against tenant, finding no overcharge. The DRA found that the legal...

Tenant's Washing Machine Surcharge Complaint Barred by the Four-Year Rule

September 28, 2017    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord illegally collected washing machine and air conditioner fees. The DRA found no overcharge for the air conditioner. There was no proof, as...

No Rent Overcharge for Newly Combined SRO Rooms

September 26, 2017    

SRO tenant complained of rent overcharge. Landlord claimed that tenant's unit was deregulated before tenant moved in and after landlord combined two adjacent rooms and set the legal rent at $2,000. The DRA ruled...

Landlord Didn't Overcharge Tenant While Receiving J-51 Tax Benefits

September 25, 2017    

Tenant complained of rent overcharge and claimed that landlord engaged in a fraudulent scheme to deregulate his apartment. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant moved...

Apartment Was Properly Deregulated After J-51 Benefits Expired

August 27, 2017    

Tenant complained of rent overcharge, claiming that the building received J-51 benefits and his apartment was improperly deregulated. The DRA ruled against tenant, finding that the building's J-51 benefits had...

No Rent Overcharge Found After Reconsideration

August 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord owed tenant $7,453 plus interest. Since landlord already had refunded $9,189 to tenant, the DRA found that no further refund was...

DHCR Can't Inspect IAIs Installed Before Base Rent Date

August 27, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,980, with interest. Tenant appealed and lost. Tenant claimed that there was insufficient evidence of...

Landlord Not Required to Seek Lowest Cost for IAIs

June 26, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89, including interest. Tenant appealed and lost. The DRA had calculated the legal rent based on a vacancy increase,...

Landlord Properly Increased Rent-Stabilized Tenant's A/C Surcharge

June 26, 2017    

Rent-stabilized tenant complained of rent overcharge, specifically because landlord increased his air conditioner surcharge from $27.89 to $36.63 in September 2014. The DRA ruled against tenant, finding no overcharge...

No Proof Apartment Was Fraudulently Deregulated

May 29, 2017    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord had fraudulently deregulated the...

No Overcharge Found by Rent Administrator in Case Referred by TPU

May 29, 2017    

The DHCR's Tenant Protection Unit (TPU) audited individual apartment improvements (IAIs) performed in tenant's apartment and found that some of landlord's claimed IAIs were actually repairs. Landlord...

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