LANDLORD WINS

Court Must Recalculate Overcharge

January 29, 2020    

Tenant sued landlord, claiming improper deregulation of her apartment, that she was rent stabilized, and that she was overcharged. The court ruled for tenant and ordered landlord to refund rent overcharges.

DHCR Won't Consider Settlement Agreement Tenant Didn't Send to DRA

January 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a rent overcharge of $15,357. But, since tenant hadn't paid rent from March 2015 to May 2016, the overcharge was offset by...

Actual Base Date Rent Was Legal Rent

January 28, 2020    

Tenant complained of rent overcharge and lease violations, claiming that her apartment was unlawfully deregulated. The DRA ruled for tenant, finding a rent overcharge of $4,200 including triple damages. The DRA also...

Landlord Performed Claimed Apartment Improvements

January 27, 2020    

Tenant complained to the DHCR of rent overcharge, claiming that his apartment had been improperly deregulated. The DHCR ruled against tenant, who then filed an Article 78 court appeal. Tenant claimed that the DHCR...

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

December 16, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed an Article 78...

No Overcharge Where Base Rent Set by HPD After Building's Exit from Mitchell-Lama

October 21, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and won. Landlord showed that the building previously was subject to the Mitchell-Lama program but exited that program in early 2016....

Complaint Dismissed Where No Rent Fraud or Rent Overcharge Found

October 21, 2019    

Yonkers ETPA tenant complained in 2018 of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the base date rent was $1,250 per month, paid by prior tenant. The apartment was then...

Landlord Didn't Overcharge Former Tenant's Roommate

October 21, 2019    

Apartment tenant complained of rent overcharge. He claimed that he had succession rights and that landlord improperly charged him a vacancy increase instead of a renewal increase when landlord gave him a lease after...

Although Apartment Was Improperly Deregulated, There Was No Rent Overcharge

September 24, 2019    

Tenants complained of rent overcharge and improper deregulation of their apartment. The DRA ruled that the apartment had been improperly deregulated but that there was no overcharge. Tenants appealed and lost....

Amendments to RSL in June 2019 Didn't Change Result of Overcharge Claim Denied in May 2019

September 22, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there was a fraudulent scheme to deregulate the apartment and rent overcharge and asked the court to dismiss the case. The court ruled against...

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...