LANDLORD WINS

Landlord Proved Lawful Vacancy Deregulation of Apartment

April 26, 2019    

Unregulated tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The base rent date for tenant...

Landlord Proved Cost of Individual Apartment Improvements

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. Her initial monthly rent in June 2015 was $1,500. The prior tenant's last rent was $753. The DRA ruled for tenant but found an overcharge totalling only $66....

Tenant Presented No Basis for Rent History Review

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued, for the first time in her PAR, that there were fraudulent...

Rent Increase for IAIs Based on Apartment Renovation

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord's individual apartment improvements (IAIs) should have been...

New Landlord Not Responsible for Prior Landlord's Rent Overcharge

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that it bought the building in a judicial sale and therefore wasn't responsible for any rent overcharges before April 2014. The DHCR ruled...

Landlord Proved Costs for Individual Apartment Improvements

March 19, 2019    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord made individual apartment improvements (IAIs) after the base date tenant moved out and that landlord properly increased tenant...

Pre-2014 Version of RSC Preferential Rent Provision Applied to Overcharge Claim

February 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced his rent, finding that a preferential rent was tenant's legal rent because landlord failed to preserve a higher legal...

No Pre-Base Date Rent History Investigation Permitted for Deregulated Unit

February 25, 2019    

Tenant complained of rent overcharge and improper deregulation of his apartment, which she claimed was rent stabilized. The DRA ruled against tenant, who appealed and lost. Landlord deregulated the apartment based on...

Landlord Properly Set Initial Rent-Stabilized Rent

February 25, 2019    

Tenant complained of rent overcharge. His monthly rent was $1,720.80. The DRA ruled against tenant, who appealed and lost. The building was newly constructed, and tenant was the first tenant to move into the...

No Rent Overcharge Found Under Four-Year Rule

February 21, 2019    

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial...

No Fraud Found in Connection with IAIs

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that individual apartment improvements (IAIs) done by landlord were merely repairs. She also claimed that landlord was charging her a preferential rent....

Landlord Properly Reregulated Apartment

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord had improperly deregulated the apartment while the...