LANDLORD WINS

Tenant Didn't Prove Landlord Waived Appliance Surcharges

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge based on claimed improper air conditioner and washing machine surcharge fees collected by landlord. The DRA ruled against tenant because tenant...

Landlord Not Required to Maintain IAI Records for More Than Four Years for 2017 Overcharge Claim

August 26, 2024    

Tenant complained to the DHCR in 2017 of improper apartment deregulation and rent overcharge. The DRA ruled for tenant and directed landlord to refund $19,800, including triple damages.

Proof of IAIs for Bathroom Replacement Proved No Rent Overcharge

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including interest and triple damages. Landlord appealed, claiming that the DRA failed to...

No Overcharge Owed to Tenant Whose Rent Arrears Exceeded Any Refund Due

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding some overcharge but also finding that rent arrears were more than the $5,117 overcharge found. So landlord owed no refund to...

Successor Tenant Entitled to Overcharges Only Since Date His Lease Commenced

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in May 2018, and pointed out that the DHCR had issued a rent reduction order in 2008. That order reduced the apartment rent to $1 per month. Tenant had...

No Indicia of Rent Fraud Bars Reviewing Rent History Back to 1993

July 26, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2022. Tenant had lived in the unit since 1997. Among other things, he claimed fraudulent rent overcharge, and asked the court for permission to...

Landlord Can Collect MCI Rent Hike Effective Before Date of Rent Reduction Order

July 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and, after finding that landlord already had given tenant a rent credit in December 2023 for $1,802, directed landlord to...

No Rent Fraud or Rent Overcharge Found

July 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge on July 9, 2019. Tenant had moved into the apartment on Dec. 1, 2002, 17 years earlier. The DRA dismissed tenant's complaint after landlord...

Landlord Didn't Overcharge Tenant for Ancillary Parking Space

June 24, 2024    

Rent-stabilized tenant complained of rent overcharge, claiming that he was improperly charged for a parking space at his building. The DRA ruled against tenant, finding that tenant was charged apartment rent and...

Appeals Court Upholds Dismissal of Tenants' Untimely Rent Overcharge Claim

May 24, 2024    

Landlord sued rent-stabilized tenants in State Supreme Court, seeking recovery of $59,000 in back rent now owed since tenants stopped paying rent in March 2020. Tenants responded with claims of rent overcharge. They...

Appeals Court Upholds DHCR's Dismissal of Tenant's Rent Overcharge Complaint

May 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, who filed an Article 78 court appeal and lost. The court and appeals court didn't find that the DHCR's ruling...

No Rent Fraud Found Where Landlord Believed Apartment Had Been Deregulated

May 23, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DRA ruled for tenant and directed landlord to refund $258. Tenant appealed and lost.