LANDLORD WINS

Tenant Who Legally Withdrew His Complaint Can't Revive Claim

July 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA terminated the proceeding based on tenant's November 2019 agreement with landlord to withdraw all pending DHCR complaints with prejudice. Tenant then...

Tenant Can't Raise Claim, Already Decided, After HSTPA Enacted

July 21, 2020    

Tenant sued landlord for rent overcharge on July 25, 2019. Landlord argued that a court had dismissed tenant's prior rent overcharge claim in September 2018 and that tenant hadn't appealed that decision....

Tenant's Overcharge Claim Denied with Four-Year Lookback Applied

July 21, 2020    

Landlord sued to evict loft tenant. The court ruled against landlord and awarded tenant attorney's fees, but also denied tenant's rent overcharge claim. Both sides appealed. The Appellate Term ruled that...

Rent Overcharge Calculations in 421-g Case Must Follow Rule Set by Regina

June 26, 2020    

Building tenants sued landlord and claimed that, since the building received tax benefits under RPTL Section 421-g, they were subject to rent stabilization and had been overcharged. Issues raised in the case went to...

Court Won't Reopen Overcharge Case for DHCR to Apply HSTPA Changes

June 25, 2020    

Rent-stabilized tenant complained of rent overcharge. She was the first tenant to occupy the apartment, which was rent-stabilized solely due to the building's receipt of J-51 tax benefits. The initial legal...

Four-Year Lookback Applied to Overcharge Claim Pending When HSTPA Enacted

June 25, 2020    

Rent-stabilized tenant sued landlord for rent overcharge. Tenant's apartment had been improperly deregulated while the building received J-51 tax benefits. Landlord claimed that the apartment's legal...

Landlord Proved Rent Increase for IAIs

June 24, 2020    

Tenant complained of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, who appealed and lost.

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.)