LANDLORD WINS

Landlord Documented Cost of IAIs

December 18, 2020    

Rent-stabilized tenant complained of rent overcharge in March 2017. The DRA ruled against tenant, who appealed and lost. Landlord had claimed that prior tenant lived in the apartment for 40 years. When prior tenant...

No Overcharge Found Where First Stabilized Rent Was Fair Market Rent

November 17, 2020    

In prior litigation, tenant sued landlord, claiming improper deregulation of his apartment. The court ruled that tenant was rent stabilized because luxury deregulation was unlawful while landlord received J-51 tax...

Rent Overcharge Ruling That Applied HSTPA Retroactively Is Overturned

November 17, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge. The court ruled for tenant and directed that the default formula be used to determine the legal rent and overcharge award. The court also awarded...

Substantial Rent Overcharge Finding Must Be Reevaluated

November 17, 2020    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant and ordered landlord to give tenant a rent-stabilized lease at a monthly rent of $471. Using the...

Base Date for Second Overcharge Complaint Limited by Prior Decision

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. A final DHCR ruling in a separate case decided in 2016 decided all rent issues...

Tenant Can't Vacate Settlement Agreement

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement so-ordered by the court. They agreed to give landlord a final judgment of possession with execution on an...

No Indicia of Fraud to Warrant 30-Year Lookback at Rent History

October 27, 2020    

Rent-stabilized tenant sued landlord in 2018, claiming rent overcharge. Tenant moved into the apartment in February 1988, 30 years before filing the overcharge claim. Current landlord bought the building in 2005....

Court Won't Review Rent History Going Back to 1996

October 27, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge, and the court granted tenant's request for permission to conduct pretrial questioning and document production...

Landlord Properly Set Rent-Stabilized Rent

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2015. She moved into the apartment in 2011 at a monthly rent of $1,800, following a long period where the apartment had been registered as owner occupied....

Preferential Rent Was Still Less Than Legal Rent After Disallowed IAIs

September 25, 2020    

Rent-stabilized tenant complained of rent overcharge in 2015. She claimed that landlord fraudulently charged her, the first rent-stabilized tenant after rent control, a legal regulated rent of $1,900 per month and a...

DHCR Can't Re-examine Rent History Period Covered in Prior DHCR Overcharge Order

September 25, 2020    

(Decision submitted by attorney Paola Arzeno-Barbano of the Manhattan law firm of Kossoff, PLLC, attorneys for the landlord.)

Tenant complained of rent overcharge. The DRA ruled against tenant,...

No Overcharge Where Apartment Was Properly Vacancy Deregulated

August 26, 2020    

Tenant complained of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2011....