LANDLORD WINS

Tenant's Overcharge Complaint Subject to Four-Year Lookback Period

April 24, 2024    

Rent-stabilized tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $10,588, which included triple damages. The overcharge occurred after the...

Apartment Was Properly Vacancy-Deregulated Before June 14, 2019

March 26, 2024    

Tenant complained to the DHCR in 2020 of rent overcharge and unlawful apartment deregulation. Landlord claimed that the former rent-controlled tenant moved out in 2002, that landlord then performed $45,500 in...

Overcharge Complaint About Security Deposit Dismissed Because Tenant Had Moved Out

March 26, 2024    

An unregulated tenant complained to the DHCR in December 2019 that he was specifically overcharged because he paid three months' rent at $2,600 per month when he moved into his apartment in July 2019. He claimed...

DHCR Correctly Calculated Lawful Vacancy Rent Increases

March 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $3,361. When triple damages were added, and the amount of a prior refund deducted, the total...

Apartment Was Vacancy-Deregulated in 2006

March 25, 2024    

White Plains tenants complained to the DHCR of rent overcharge. The DRA ruled against tenants and dismissed their complaint, finding that the apartment had been vacancy-deregulated in 2006 before tenants moved in....

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...