LANDLORD WINS

Landlord Proved Apartment Was Vacancy-Deregulated in 2010

February 23, 2024    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2010. This was before tenant moved into the unit...

Landlord Not Limited to Guidelines Increase When Renewing Preferential Rent Pre-HSTPA

February 23, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of rent overcharge. The DRA ruled against tenant, who appealed and lost.  Tenant argued that landlord had illegally raised her preferential rent beyond...

No Rent Fraud Found in Connection with Small, Refunded Overcharge

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in January 2019. The DRA ruled for tenant in part, finding that there was a rent overcharge but insufficient evidence of fraud as tenant claimed. So...

Document Production by Landlords in Overcharge Case Limited to Four-Year Lookback Period

January 28, 2024    

Building tenants sued landlord in 2018 for rent overcharge. In connection with pre-trial discovery, the court granted tenants' request to compel landlord to produce their operating and management agreements, all...

Landlord Proved Cost of Individual Apartment Improvements

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2019. Tenant had moved into the unit in 2018 under a vacancy lease with a legal regulated rent of $2,059 and a preferential rent of $1,725. Among...

Landlord Collected Reduced Rent Payment from Tenant Who Got DRIE Benefits

January 26, 2024    

Rent-stabilized tenant complained to the DHCR in 2019 of rent overcharge. Tenant claimed that landlord ignored the fact that tenant had received DRIE benefits, which had frozen the portion of monthly rent collectible...

Tenants Claim Court Order Barred Rent Collection Due to Invalid C of O

December 19, 2023    

Tenants complained to the DHCR of rent overcharge in early 2019. They claimed that landlord illegally rented rent-stabilized apartments in the building without a proper Certificate of Occupancy (C of O). They said...

HSTPA Doesn't Apply to Overcharge Complaint Filed in Early 2019

December 19, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed for the first time in her PAR that the...

Apartment in Building that Had Received J-51 Tax Benefits Was Properly Vacancy-Deregulated

December 18, 2023    

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

Tenants Presented Insufficient Proof of Fraudulent Scheme to Deregulate Apartments

November 26, 2023    

Tenants sued landlord, claiming rent overcharge and a fraudulent scheme to deregulate their J-51 building apartments. The court ruled for tenants, finding that proof of a building-wide fraudulent scheme required...

Court Denies Request for Discovery Made by Tenant Claiming Fraudulent Rent Overcharge

November 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response and among other things, tenant claimed fraudulent rent overcharge. Tenant asked the court for permission to conduct discovery reaching...

Landlord Proves No Financial Connection Between Itself and Its Contractor

November 21, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant. The DRA found that tenant moved in on July 1, 2018, at a legal rent of $3,700 after landlord...