LANDLORD WINS

Tenant Can't Raise Untimely Rent Overcharge Claim

February 15, 2018    

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to allow tenant to pay back rent owed. Tenant later...

No Reduced Vacancy Increase Before June 2015 Where Prior Tenant Paid Preferential Rent

January 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant moved into the apartment on June 1, 2012, at a legal regulated rent of...

No Rent Overcharge for A/C Surcharges Collected Since Base Rent Date

January 24, 2018    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord collected an excessive air conditioning surcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed fraud by landlord...

No Fraud by Landlord Where Rent Was Well Below Deregulation Threshold

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge and claimed that landlord fraudulently schemed to deregulate her apartment. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant...

Substantial Rent Increase Didn't Prove Fraud by Landlord

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won, in part. Tenant claimed landlord fraud because the apartment rent increased from $...

Landlord Can Collect A/C Surcharge from SCRIE Tenant

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge because landlord collected rent surcharges for tenant's two air conditioners. The DRA ruled against tenant, who appealed and lost. Tenant claimed that she had...

Landlord Properly Collected Rent Surcharges for Appliances

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge based on air conditioner and washing machine surcharges collected by landlord. Tenant claimed that she had the appliances for 34 years, but landlord started...

No Proof of Fraud or Rent Overcharge to Rent-Stabilized Tenant

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord committed fraud to deregulate the apartment. But the DHCR found...

Correction of Error in Setting Base Rent Date Results in No Overcharge Finding

December 20, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,000, including triple damages. Landlord appealed and won. The DRA's order incorrectly states that the base rent...

No Fraud Found in 1984 Rent Registration or 1994 Improvements

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but ordered landlord to refund just $122. Tenant appealed and lost. Tenant claimed fraud and that the DHCR should have looked back more...

Landlord Didn't Waive Right to Collect Appliance Surcharges

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge based on landlord's collection of rent surcharges for a washing machine starting in 2011 and an air conditioner starting in 2013. Tenant claimed that he had...

Landlord's Proof of Individual Apartment Improvements Was Sufficient

November 28, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Landlord disputed landlord's documentation of individual apartment improvements...

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