LANDLORD WINS

Tenant Didn't Sign Building Service Complaint

March 23, 2020    

Rent-stabilized tenant complained of rent overcharge based on a 2018 DHCR building-wide rent reduction order, which froze collectible rents at the building effective Dec. 1, 2017. The DRA ruled for tenant and...

Legal Rent After Temporary Exemption Based on Regs at Time Tenant Moved In

March 23, 2020    

Former tenant complained of rent overcharge for the period between June 15, 2012, and Oct. 31, 2013. The DRA ruled for tenant, based on a DHCR rent reduction order that was in effect during tenant's occupancy....

Tenant Can't Challenge Rent Set by Lease in Settlement Agreement

March 18, 2020    

Rent-stabilized tenant complained of rent overcharge. He said that (a) he never received a lease from landlord in 2007; (b) the apartment registrations were fraudulent; and (c) landlord's claim that tenant had a...

Tenants Paid Lawful Preferential Rent Since Initial 2009 Lease

March 17, 2020    

Rent-stabilized tenants complained of rent overcharge and lease violation. The DRA ruled against tenants, who appealed and lost.

Tenants claimed that the $1,375 monthly rent charged by landlord was an illegal...

Overcharge Claim Dismissed Based on Prior Court Settlement

March 10, 2020    

(Decision submitted by Brian Shaw of the Manhattan law firm of Golino Law Group PLLC, attorneys for the landlord.)

Six-Year Look-Back Period Applied to Overcharge Claim Filed in 2017

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA decided tenant's complaint after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted, and found that there was no...

Landlord Properly Collected Appliance Surcharges

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. He claimed that landlord improperly charged him air conditioner and washing machine surcharges since 2009. Tenant had moved into the apartment in 2000....

Court Must Recalculate Overcharge

January 29, 2020    

Tenant sued landlord, claiming improper deregulation of her apartment, that she was rent stabilized, and that she was overcharged. The court ruled for tenant and ordered landlord to refund rent overcharges.

DHCR Won't Consider Settlement Agreement Tenant Didn't Send to DRA

January 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a rent overcharge of $15,357. But, since tenant hadn't paid rent from March 2015 to May 2016, the overcharge was offset by...

Actual Base Date Rent Was Legal Rent

January 28, 2020    

Tenant complained of rent overcharge and lease violations, claiming that her apartment was unlawfully deregulated. The DRA ruled for tenant, finding a rent overcharge of $4,200 including triple damages. The DRA also...

Landlord Performed Claimed Apartment Improvements

January 27, 2020    

Tenant complained to the DHCR of rent overcharge, claiming that his apartment had been improperly deregulated. The DHCR ruled against tenant, who then filed an Article 78 court appeal. Tenant claimed that the DHCR...

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

December 16, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed an Article 78...