LANDLORD WINS

No Reason to Examine Pre-Base Date Rent History Concerning Longevity Increase

May 29, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA correctly applied the four-year rule to this case and found no overcharge...

Landlord Removed Improper Additional Garage Rent Charges

May 22, 2018    

Rent-stabilized tenant complained of rent overcharge, claiming landlord increased his garage parking fee from $27.30 to $50 per month, with retroactive arrears for 72 months. Landlord claimed that the excess parking...

Tenant Couldn't Challenge Washing Machine Surcharge

May 22, 2018    

Rent-stabilized tenant complained of rent overcharge in 2015, based on a washing machine rent surcharge that landlord starting charging tenant in 2008. Landlord pointed out that prior landlord started collecting the...

No Fraud and No Overcharge Found in Case Involving J-51 Building

April 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge since the base rent date four years prior to the date tenant filed his complaint. Tenant appealed and lost....

No Rent Overcharge for Tenant in J-51 Building

March 27, 2018    

Rent-stabilized tenant complained of rent overcharge. Under tenant's vacancy lease in April 2013, she was charged a legal monthly rent of $3,310 and a preferential rent of $2,830. Tenant claimed that the...

No Fraud by Landlord Where Tenant Paid Same Rent Since Base Rent Date

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant paid $1,150 per month on the base rent date and landlord never collected more than that amount since...

421-a Rent Surcharge Wasn't Included in Base Rent

March 26, 2018    

Rent-stabilized tenant of a building receiving 421-a tax benefits complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $447, including interest. Tenant appealed and lost. Tenant...

Base Rent Set Using Average of Comparable Rents

March 26, 2018    

Tenant complained of rent overcharge by the building's 7A Administrator. The DRA ruled for tenant and ordered landlord to refund $11,858, including interest. Since there were no rent history records for the...

Rent Charged When Unregulated Apartment Becomes Subject to J-51 Becomes Regulated Rent

March 22, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord had created a new apartment and was entitled to a market rent. Tenant appealed, and the DHCR reopened the case for further...

New Landlord Who Discovered Tenant A/Cs Can Collect Surcharge

February 26, 2018    

(Decision submitted by Tony Subraj, Vice President of landlord Zara Realty.)

Landlord Correctly Collected Renewal Increase and 421-a Surcharges

February 22, 2018    

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant Can't Raise Untimely Rent Overcharge Claim

February 15, 2018    

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to allow tenant to pay back rent owed. Tenant later...

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