LANDLORD WINS

New Landlord Not Responsible for Prior Landlord's Rent Overcharge

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that it bought the building in a judicial sale and therefore wasn't responsible for any rent overcharges before April 2014. The DHCR ruled...

Landlord Proved Costs for Individual Apartment Improvements

March 19, 2019    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord made individual apartment improvements (IAIs) after the base date tenant moved out and that landlord properly increased tenant...

Pre-2014 Version of RSC Preferential Rent Provision Applied to Overcharge Claim

February 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced his rent, finding that a preferential rent was tenant's legal rent because landlord failed to preserve a higher legal...

No Pre-Base Date Rent History Investigation Permitted for Deregulated Unit

February 25, 2019    

Tenant complained of rent overcharge and improper deregulation of his apartment, which she claimed was rent stabilized. The DRA ruled against tenant, who appealed and lost. Landlord deregulated the apartment based on...

Landlord Properly Set Initial Rent-Stabilized Rent

February 25, 2019    

Tenant complained of rent overcharge. His monthly rent was $1,720.80. The DRA ruled against tenant, who appealed and lost. The building was newly constructed, and tenant was the first tenant to move into the...

No Rent Overcharge Found Under Four-Year Rule

February 21, 2019    

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial...

No Fraud Found in Connection with IAIs

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that individual apartment improvements (IAIs) done by landlord were merely repairs. She also claimed that landlord was charging her a preferential rent....

Landlord Properly Reregulated Apartment

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord had improperly deregulated the apartment while the...

Landlord Sufficiently Proved IAIs

December 26, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that all rent increases were lawful and that tenant was properly vacancy deregulated. But the DRA also ruled that tenant remained rent...

DHCR Finds No Overcharge

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant had moved into the apartment in 2002 and filed her overcharge complaint in 2016. The DRA found no overcharge since the 2012 base date.

Tenant Who Transferred Didn't Retain Prior Rental Rate

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that she moved from Apt. 2A to 3A at landlord's request and that landlord then impermissibly increased her rent. The DRA ruled against tenant,...

No Overcharge Where Court Previously Approved Settlement

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In a prior housing court eviction proceeding based on nonpayment of rent, landlord and tenant signed a...