LANDLORD WINS

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....

Rent Overcharge Claim Dismissed Based on Four-Year Lookback Period

August 19, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge and fraudulent rent increases. The court ruled for landlord and dismissed the case. Since the case was filed before HSTPA amended the law in June 2019,...

Apartment Already Deregulated When Tenant Moved In

August 18, 2020    

Tenant sued landlord for rent overcharge in connection with two apartments in the same building. Tenant had lived in  Apt. 6 from 2007 through April 2014, then moved into Apt. 4 under a written agreement with...

Tenant Who Legally Withdrew His Complaint Can't Revive Claim

July 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA terminated the proceeding based on tenant's November 2019 agreement with landlord to withdraw all pending DHCR complaints with prejudice. Tenant then...

Tenant Can't Raise Claim, Already Decided, After HSTPA Enacted

July 21, 2020    

Tenant sued landlord for rent overcharge on July 25, 2019. Landlord argued that a court had dismissed tenant's prior rent overcharge claim in September 2018 and that tenant hadn't appealed that decision....

Tenant's Overcharge Claim Denied with Four-Year Lookback Applied

July 21, 2020    

Landlord sued to evict loft tenant. The court ruled against landlord and awarded tenant attorney's fees, but also denied tenant's rent overcharge claim. Both sides appealed. The Appellate Term ruled that...

Rent Overcharge Calculations in 421-g Case Must Follow Rule Set by Regina

June 26, 2020    

Building tenants sued landlord and claimed that, since the building received tax benefits under RPTL Section 421-g, they were subject to rent stabilization and had been overcharged. Issues raised in the case went to...

Court Won't Reopen Overcharge Case for DHCR to Apply HSTPA Changes

June 25, 2020    

Rent-stabilized tenant complained of rent overcharge. She was the first tenant to occupy the apartment, which was rent-stabilized solely due to the building's receipt of J-51 tax benefits. The initial legal...

Four-Year Lookback Applied to Overcharge Claim Pending When HSTPA Enacted

June 25, 2020    

Rent-stabilized tenant sued landlord for rent overcharge. Tenant's apartment had been improperly deregulated while the building received J-51 tax benefits. Landlord claimed that the apartment's legal...