LANDLORD WINS

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...

No Proof of Rent Fraud and No Overcharge Found

November 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018.  The DRA found that tenant didn't establish a colorable claim of any fraudulent scheme to deregulate the apartment and that there was no rent...

Lease Records Given More Weight Than Rent Registration Containing Clerical Error

November 21, 2023    

Tenant complained to the DHCR in March 2019 of rent overcharge and improper deregulation. Landlord claimed that the apartment had been vacancy-deregulated when tenant moved in. Landlord submitted the prior tenant...

Untimely Fair Market Rent Appeal Converted to Rent Overcharge Proceeding

November 20, 2023    

Rent-stabilized tenant filed a fair market rent appeal with the DHCR in 2015. She was the first rent-stabilized tenant after rent control and her initial rent in 2005 was $1,800 per month. Tenant also claimed that...

Landlord Proves It Never Received Notice of Overcharge Complaint

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and applied the default formula to set the 2014 base date rent because landlord failed to provide a lease and/or rent ledger in effect on...

DHCR Corrected Errors in Rent Overcharge Calculation

October 25, 2023    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $8,280, including interest. Landlord appealed and won in part. Landlord claimed that...

Court Dismisses Tenant Claim of Improper Deregulation and Rent Overcharge

September 24, 2023    

Tenant sued landlord in 2022, claiming that unjustified rent increases for her formerly rent-stabilized apartment since at least 1992 resulted in improper vacancy deregulation of the unit by landlord in 2003,...

Landlord Didn't Waive Right to Washing Machine Surcharge from Rent-Stabilized Tenant

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, and directed landlord to refund a total overcharge with interest and triple damages totalling $4,714. But the DRA...

No Overcharge Where Apartment Was Vacancy Deregulated Before Tenant Moved In

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation after moving into the unit in 2016. The DRA ruled for tenant, found that the unit was rent stabilized and ordered landlord to...