LANDLORD WINS

Tenant No Longer Paid for Electricity After DHCR Issued Electrical Exclusion Order

October 24, 2022    

Rent-stabilized tenant filed a "specific" rent overcharge complaint with the DHCR. Tenant claimed that landlord didn't comply with a prior DHCR order issued in 2008, which found there was a $920...

Increase in Registered Stabilized Rent Didn't Support Colorable Claim of Fraud

September 26, 2022    

Tenant complained to the DHCR of rent overcharge, claiming that landlord engaged in a fraudulent illusory tenancy scheme. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant...

Legal Rent Set by HPD in 2001 Took Precedence Over Prior Rent Frozen by DHCR

September 26, 2022    

Tenants complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenants. Although there were open rent reduction orders going back to 1999 that froze the apartment's rent, an HPD order dated...

Overcharge Must Be Calculated from Rent Reduction Order's Effective Date

July 24, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that, between June 1 and Aug. 31, 2016, tenant's monthly collectible rent was reduced to $1 due to a vacate order following...

Rent Overcharge Finding Unchanged 15 Years After Tenants Filed Complaint

July 24, 2022    

Rent-stabilized tenants complained of rent overcharge in 2007. The DRA ruled for tenants and ordered landlord to refund $2,951, including interest. Tenants appealed, arguing that landlord had filed fraudulent rent...

No Overcharge or Rent Fraud Where Landlord Reregistered Apartment

July 20, 2022    

Rent-stabilized tenant complained of rent overcharge on June 11, 2019. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant argued that landlord had engaged in a fraudulent scheme...

Landlord Can Subpoena Con Ed Records Predating Tenant's Occupancy

June 27, 2022    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. Tenant claimed that he was rent stabilized. Landlord answered that the apartment was owner-occupied between 2000 and the date...

Tenant Can't Amend Overcharge Action to Name Individual LLC Members as Defendants

June 27, 2022    

Tenant sued landlord in 2019, claiming rent overcharge and improper deregulation of his apartment. Tenant later asked the court for permission to amend his complaint to add two individual defendants. The court denied...

No Rent Fraud Indicated in Rent-Stabilized Apartment's Rent History

June 23, 2022    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. Tenant also claimed that his apartment had been unlawfully deregulated. The DRA ruled for tenant in part, finding that the apartment had been...

Appeals Court Denies Tenants' Attempt to Reargue Dismissal of Overcharge Claim

May 25, 2022    

Tenants sued landlord for rent overcharge. The court dismissed the case based on a settlement agreement between landlord and tenants, which was signed in a prior court action where both sides were represented by...

Tenant Had Insufficient Proof to Warrant Investigation for Rent Fraud

May 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled against tenant, finding no overcharge. The DRA also found insufficient proof to support a colorable claim of fraudulent conduct by landlord...

Final Notice of Treble Damages Wasn't a Rent Overcharge Determination

May 17, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2014. The DRA found no overcharge and ruled against tenant. Tenant appealed and lost. The four-year base date rent was $810.42. The rent was later...