LANDLORD WINS

Tenant's Motion to Strike Landlord Defenses Against Overcharge Claim Were Premature

October 24, 2025    

Former tenant sued landlord in civil court for rent overcharge in an amount no greater than $50,000. The claimed overcharge period was October 2023 through October 2024. The claimed overcharge was based on a single...

DOB or HPD Violations Issued After IAIs Done Didn't Negate Rent Increase

October 23, 2025    

Rent-stabilized tenant complained to the DHCR in 2022 of rent overcharge. The DRA ruled against tenant, finding that: (a) the November 2016 base date legal regulated rent was $1,909 and the collectible rent was $492...

Landlord Legally Increased Tenant's Preferential Rent in 2017

October 23, 2025    

Rent-stabilized tenant complained to the DHCR in 2023 of specific rent overcharge, claiming that she moved into her apartment in 1998 and that in 2017 her preferential rent was illegally increased from $927 to $1,300...

Current Landlord Not Responsible for Pre-Foreclosure Rent Overcharge Refund

October 23, 2025    

Tenants complained to the DHCR of rent overcharge in 2017. The DRA ruled against tenants, finding that the base rent date was August 2013 and that the apartment had been legally deregulated when it became vacant...

Overcharge of Rent-Controlled Tenant Must Be Enforced Through Court Judgment

October 23, 2025    

Rent-controlled tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding that a prior DHCR order granted tenant succession rights and set the Maximum Collectible Rent (MCR) was $1,012 per...

Apartment Was Vacancy Deregulated Nine Years Before Tenants Moved In

August 26, 2025    

Apartment tenants, who moved into the unit in 2016, complained to the DHCR of rent overcharge after June 14, 2019, claiming their unit had been improperly deregulated before they moved in. The DRA ruled against...

DHCR Can't Decide Overcharge Claim Without Information Concerning HPD Rent Program

August 26, 2025    

A tenant complained to the DHCR in 2023 of rent overcharge, claiming that he was rent stabilized and that landlord failed to honor a temporary-relocation-plan agreement which stated that tenant would be able to...

No Overcharge Found for Tenant with Pre-HSTPA Preferential Rent

July 24, 2025    

Rent-stabilized tenant complained to the DHCR in 2020 of rent overcharge. The DRA ruled against tenant, finding no overcharge. The base date was June 14, 2015; tenant paid a preferential rent; tenant's vacancy...

Claimed Failure to Offer Tenant Two-Year Vacancy Lease Didn't Result in Overcharge

July 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. Among other things, tenant pointed out that she wasn't offered the option of a one- or two-year vacancy lease when she moved into the apartment...

Landlord Not Responsible for Subtenant's Overcharge by Rent-Stabilized Tenant

July 24, 2025    

Subtenant complained to the DHCR that the unit's rent-stabilized tenant was overcharging her. The DRA ruled for subtenant in 2016 and ordered tenant to refund $54,000, including triple damages.

No Fraudulent Scheme Found in Connection with Rent Overcharge

June 24, 2025    

Tenant complained to the DHCR in February 2019, claiming rent overcharge. The DRA ruled for tenant, finding a total overcharge with triple damages of $55,995. But, since tenant owed $92,000 in back rent, there was no...

No Overcharge Where Tenant Paid Less Than the Legal Rent for the Relevant Period

June 24, 2025    

Tenant complained to the DHCR in 2020, claiming rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the apartment was vacancy-deregulated in 2014 when the legal rent...