LANDLORD WINS

Tenant's Rent-Stabilized Rent Legally Set by HPD Regulatory Agreement

May 23, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. HPD had set the monthly legal regulated rent for tenant's apartment at $1,420 effective Feb. 26, 2013, in...

Appeals Court Reopens Overcharge Claims by Tenants in J-51 Building

May 23, 2023    

Tenants in a building that received J-51 tax benefits sued landlord. Tenants, who were certified as a class by the court, said they never received rent-stabilized leases from landlord, and claimed that they were...

Overcharge Claims Based on Inflated Rents Were Untimely

May 23, 2023    

Tenants sued landlord in 2020, claiming that prior landlord initially registered unlawfully inflated legal regulated rents for their rent-stabilized apartments. Tenants claimed this was a fraudulent scheme to...

DHCR Applied Regina Ruling to Overcharge Claim for Apartment in J-51 Building

May 22, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant and set the lawful stabilized rent at $1,963.81 per month as of March 1, 2022. Tenant appealed and...

Default Formula Can't Be Used in Overcharge Case Involving 78 Tenants in J-51 Building

April 26, 2023    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization and that their legal regulated rents should be calculated according to Rent Stabilization...

No Rent Overcharge Where J-51 Apartment Was Registered After Roberts and DHCR Guidance

April 23, 2023    

Tenants complained to the DHCR in 2018 of rent overcharge, claiming that from July 1, 1998, through June 30, 2015, landlord received J-51 tax benefits but had improperly deregulated their apartment. They had moved...

DHCR Properly Calculated MBR and MCR for Rent-Controlled Tenant

April 23, 2023    

In 2019, landlord asked the DHCR for a ruling to establish the legal maximum rent of tenant's rent-controlled apartment. Using the information available in the DHCR's records, which included a prior Maximum...

Pre-Base Date IAIs Sufficiently Documented and Didn't Show Rent Fraud

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in early 2019. The DRA found that the four-year base date rent of $2,050 per month was legal but froze that rent based on landlord's failure to file annual...

Landlord Proved Costs for Rent Increase Based on IAIs

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and found a total overcharge of $1,864. Tenant appealed and lost. Tenant questioned landlord's claim that it spent $...

IAI Rent Increases Reinstated on Appeal of Overcharge Ruling Proved Lawful Vacancy Deregulation

January 25, 2023    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf prior to enactment of HSTPA amendments to the rent stabilization base date. The DRA ruled for tenant and directed...

Longevity Increase Applied When Vacancy Lease Was Due to Adding Roommates as Tenants

January 24, 2023    

Rent-stabilized tenant complained prior to June 14, 2019, of rent overcharge and that landlord failed to offer a proper renewal lease. The DRA ruled for tenant, finding that landlord was entitled to a vacancy rent...

No Proof of Improper Commercial Rental to Prior Tenant

December 19, 2022    

Tenant complained to the DHCR of rent overcharge, and claimed that his apartment had been fraudulently rented for commercial use before he moved in. The DRA ruled against tenant, finding that the base date rent four...