LANDLORD WINS

Landlord Proved the Cost of IAIs

April 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017, claiming that prior landlord committed rent fraud. The DRA ruled against tenant, who appealed and lost. At the outset, the DHCR noted that the DRA...

Landlord Entitled to Collect Rent Increase for IAIs

April 26, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $692, including triple damages. Tenant appealed and lost. After tenant filed his PAR, the HSTPA was...

TPU Incorrectly Claimed Rent Overcharge

April 26, 2021    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint against landlord in 2017 after conducting a rent audit. The DRA found an overcharge and ordered landlord to refund tenant $19,905,...

Apartment's Initial Legal Regulated Rent No Longer Subject to Challenge

April 26, 2021    

Tenant complained in 2017 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the unit had been rent-controlled until it became temporarily exempt from rent regulation...

Overcharge Complaint Concerning Deregulated Apartment Properly Dismissed

April 26, 2021    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant. Tenant presented no proof indicating any rent fraud by landlord. The base rent date was Jan....

Landlord Set Lawful Legal Regulated Rent After Unit's Temporary Exemption

April 26, 2021    

Rent-stabilized tenants complained of rent overcharge. In 2018 the DRA ruled against tenants, finding that the 2021 base date rent of $1,582 charged to tenants was proper. Tenants appealed and lost. Tenants claimed...

Landlord Proved Apartment Was Deregulated

April 26, 2021    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. Landlord asserted that the apartment was deregulated in 2009 when the rent was increased from $1,893 to $2,196 after application...

Tenant Showed No Proof of Fraud

April 26, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled against tenant, finding no overcharge. Tenant paid a preferential rent on the base rent date, and there had been no rent increase up to the...

No Fraud Found in Connection with Rent Overcharge Claim

March 29, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord substantially increased her rent upon lease renewal. But the DRA found that...

DHCR Decision Granting IAI Rent Increases Upheld by Appeals Court

March 25, 2021    

Tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, finding that landlord proved its costs for claimed individual apartment improvements (IAIs) made to the unit before tenant moved in....

DRA Incorrectly Applied HSTPA Retroactively to Overcharge Claim

February 24, 2021    

Tenant complained of rent overcharge in 2013. The DRA ruled for tenant in early 2020 and ordered landlord to refund $52,876, including treble damages. The DRA then deducted a $16,442 refund already made to tenant....

There Was No Overcharge for Apartment Properly Deregulated in 2009

February 23, 2021    

Tenant complained of rent overcharge in 2015 and told the DHCR that landlord had illegally deregulated her apartment. Tenant moved into the unit on Nov. 1, 2012, under a one-year, non-regulated lease at $1,870 per...