LANDLORD WINS

Landlord Applied Temporary Exemption Rule in Effect When Tenant Moved In

December 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,697, including interest. Landlord and tenant both appealed. The DHCR ruled against landlord, who...

Leases Showed Both Legal Regulated Rents and Preferential Rents

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord misrepresented a preferential rent that tenant...

Tenant Waited 15 Years to Complain of Rent Overcharge

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that she moved into the apartment on June 1, 2001, and that...

No Overcharge Found Where Legal Rent Set by Prior Settlement Agreement

November 25, 2018    

(Decision submitted by Karen Schwartz-Sidrane, Esq. of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant Can't Challenge 1999 Rent Increase

October 29, 2018    

Tenant complained of rent overcharge and claimed that his apartment was improperly deregulated. The DRA ruled against tenant, who appealed and lost. Tenant filed his complaint in September 2014, claiming that a...

Overcharge Finding Revoked Where Landlord Proved Costs Spent for IAIs

October 29, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $53,700, including interest. Landlord appealed and won. Landlord claimed that the DRA incorrectly...

Tenant's Overcharge Claim Based on 1988 Rent Increase Dismissed

October 28, 2018    

Rent-stabilized tenant sued landlord, claiming that he had been overcharged rent since he moved into the apartment in 1988. Landlord claimed that there was no rent overcharge and argued that there was no reason to...

Four-Year Rule Applied Where No Indication of Fraud

September 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that he had a preferential rent and that landlord committed fraud. The DRA found no overcharge and dismissed the complaint, finding no preferential...

No Overcharge for Newly Created Apartment with First Rent

September 26, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant. Landlord was entitled to collect a first rent of tenant's newly created apartment. Tenant hadn't made rent payments in several years and...

No Rent Overcharge Even Though Apartment Had Been Improperly Deregulated

September 22, 2018    

Tenant complained of rent overcharge and improper vacancy deregulation of his apartment while the building received J-51 tax benefits. Landlord admitted that the apartment was rent stabilized and offered tenant a...

No Fraud Found in Connection with Rent-Stabilized Rent

September 22, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant's base date rent on Aug. 12, 2010, was $2,283.54 per month and, on...

No Review of Pre-Base Date Rent History Permitted Where Court Found No Fraud

September 18, 2018    

Tenants sued landlord for rent overcharges, claiming that their apartments had been improperly deregulated while the building received J-51 tax benefits. Before tenants sued, landlord had made some adjustment to...