LANDLORD WINS

No Rent Overcharge Found Using Four-Year Base Date

August 12, 2019    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant, found that he was rent stabilized, and referred the matter to a referee to determine the amount...

Landlord Submitted Sufficient Proof of IAIs

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,667, including interest. Tenant appealed, claiming that the overcharge was greater. Tenant contested...

No Rent Overcharge Found After Rent Arrears Considered

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,830, including interest. Landlord appealed and won. Landlord pointed out that tenant owed rent for a...

Landlord Didn't Waive Longevity Rent Increase

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund a small overcharge amount. Tenant filed an Article 78 court appeal, claiming that the overcharge finding...

Rent Overcharge Claim Dismissed

May 25, 2019    

Tenant complained of unlawful apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was lawfully deregulated due to a high-rent vacancy in 2009, prior to the base rent...

Landlord Submitted Sufficient Proof of IAIs

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to refund $1,700 because landlord charged tenant a two-month rather than a one-month security deposit. Tenant...

Rent-Stabilized Tenant Can't Prove Fraud

May 25, 2019    

Landlord sued to evict tenant, who claimed rent overcharge. The court granted landlord's request to dismiss tenant's overcharge claim. Tenant appealed and lost. Assuming the apartment was rent stabilized,...

No Overcharge Collected from Tenant of Improperly Deregulated Apartment

May 24, 2019    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case without trial. The court ruled for landlord. The building received J-51 tax benefits...

No Overcharge Refund Due Where Tenant Owes More in Back Rent

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge refund was due. Although the DRA noted that there was an overcharge of $640, tenant owed landlord $19,000 in...

DHCR Can't Retroactively Apply Amended RSC Provision on Setting Rent After Temporary Exemption

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $22,365, including interest. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then...

Landlord Entitled to Set New Rent After Base-Date Vacancy Occurring Before 2014

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including interest. Landlord appealed and won. The apartment had been vacant on the base date...

Landlord Proved Lawful Vacancy Deregulation of Apartment

April 26, 2019    

Unregulated tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The base rent date for tenant...