LANDLORD WINS

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...

Substantial Increase in Rent Based on IAIs Didn't Indicate Fraud

August 21, 2018    

Rent-stabilized tenant complained of rent overcharge, and claimed fraud in how landlord set the rent. Tenant moved into the apartment in 2016 under a one-year vacancy lease charging a legal regulated rent of $3,177...

Tenant Never Appealed DHCR Rent Overcharge Decision Naming Incorrect Owner

August 11, 2018    

Former rent-stabilized tenant sued building owner and asked the court to correct a 2008 DHCR rent administrator's order. In 2008, the DRA ruled that JPR Zito was the building owner and must refund rent...

No Overcharge Where Tenant Paid Preferential Rent During Lease Term

June 27, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a small overcharge that wasn't willful. Landlord appealed and won. Landlord pointed out that the DRA based the overcharge...

Insufficient Proof to Support Tenant's Rent Fraud Claim

June 26, 2018    

Tenant complained of rent overcharge and improper deregulation of his apartment. Landlord claimed that the apartment was vacancy deregulated in 2006 and that it filed an exit registration with the DHCR at that time....

No Proof Landlord Didn't Offer Tenant One- or Two-Year Vacancy Lease

June 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in part, finding that the base date lease for prior tenant didn't preserve a claimed legal regulated rent higher than the rent paid....

MCI Order Was Issued Before Base Rent Date

June 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord incorrectly applied an MCI rent increase to tenant's apartment, and ordered landlord to refund $17,441,...

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...