LANDLORD WINS

Tenant Moved Out Before Rent Stabilization Coverage Began at Building

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. Landlord pointed out that it had signed an Assurance of Discontinuance with...

Court Dismisses Tenants' Claim of Fraudulent Rent Overcharge

July 26, 2023    

Landlord sued rent-stabilized tenants in State Supreme Court, seeking recovery of $59,000 in back rent now owed since tenants stopped paying rent in March 2020. Tenants responded with claims of rent overcharge. They...

Tenant Showed No Colorable Overcharge Claim Warranting Vacatur of 2019 Settlement Agreement

July 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2019. The parties signed a settlement agreement so-ordered by the court. Several year later, tenant claimed that he had signed the agreement...

Failure to Attach DHCR Rent Stabilization Riders to Renewal Leases Doesn't Invalidate Rents

July 25, 2023    

Rent-stabilized tenant complained to the DHCR in February 2019 that he had been overcharged. Tenant argued that landlord made false claims that individual apartment improvements (IAIs) made before tenant moved into...

Landlord Proved Lawful IAIs Cost Almost $65,000

July 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenant, finding that landlord had proved it spent $64,984 on individual apartment improvements (IAIs) before tenant...

Tenant's Rent-Stabilized Rent Legally Set by HPD Regulatory Agreement

May 23, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. HPD had set the monthly legal regulated rent for tenant's apartment at $1,420 effective Feb. 26, 2013, in...

Appeals Court Reopens Overcharge Claims by Tenants in J-51 Building

May 23, 2023    

Tenants in a building that received J-51 tax benefits sued landlord. Tenants, who were certified as a class by the court, said they never received rent-stabilized leases from landlord, and claimed that they were...

Overcharge Claims Based on Inflated Rents Were Untimely

May 23, 2023    

Tenants sued landlord in 2020, claiming that prior landlord initially registered unlawfully inflated legal regulated rents for their rent-stabilized apartments. Tenants claimed this was a fraudulent scheme to...

DHCR Applied Regina Ruling to Overcharge Claim for Apartment in J-51 Building

May 22, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant and set the lawful stabilized rent at $1,963.81 per month as of March 1, 2022. Tenant appealed and...

Default Formula Can't Be Used in Overcharge Case Involving 78 Tenants in J-51 Building

April 26, 2023    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization and that their legal regulated rents should be calculated according to Rent Stabilization...

No Rent Overcharge Where J-51 Apartment Was Registered After Roberts and DHCR Guidance

April 23, 2023    

Tenants complained to the DHCR in 2018 of rent overcharge, claiming that from July 1, 1998, through June 30, 2015, landlord received J-51 tax benefits but had improperly deregulated their apartment. They had moved...

DHCR Properly Calculated MBR and MCR for Rent-Controlled Tenant

April 23, 2023    

In 2019, landlord asked the DHCR for a ruling to establish the legal maximum rent of tenant's rent-controlled apartment. Using the information available in the DHCR's records, which included a prior Maximum...