LANDLORD WINS

No Rent Fraud Found Where Landlord Believed Apartment Had Been Deregulated

May 23, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DRA ruled for tenant and directed landlord to refund $258. Tenant appealed and lost.

No New Overcharge Collected Since Prior Rent Overcharge Ruling

May 21, 2024    

Tenant complained to the DHCR of rent overcharge in 2022. She claimed that an earlier DHCR order had granted her $35,000 in rent overcharges for a prior period and that she now sought a rent overcharge refund for the...

Landlord Properly Calculated Legal Regulated Vacancy Rent for New Tenant Pre-HSTPA

May 20, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. Tenant pointed out that the prior tenant's registered rent was $843 per month but that the rent was increased to $1,200 per month...

Tenant's Overcharge Complaint Subject to Four-Year Lookback Period

April 24, 2024    

Rent-stabilized tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $10,588, which included triple damages. The overcharge occurred after the...

Apartment Was Properly Vacancy-Deregulated Before June 14, 2019

March 26, 2024    

Tenant complained to the DHCR in 2020 of rent overcharge and unlawful apartment deregulation. Landlord claimed that the former rent-controlled tenant moved out in 2002, that landlord then performed $45,500 in...

Overcharge Complaint About Security Deposit Dismissed Because Tenant Had Moved Out

March 26, 2024    

An unregulated tenant complained to the DHCR in December 2019 that he was specifically overcharged because he paid three months' rent at $2,600 per month when he moved into his apartment in July 2019. He claimed...

DHCR Correctly Calculated Lawful Vacancy Rent Increases

March 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $3,361. When triple damages were added, and the amount of a prior refund deducted, the total...

Apartment Was Vacancy-Deregulated in 2006

March 25, 2024    

White Plains tenants complained to the DHCR of rent overcharge. The DRA ruled against tenants and dismissed their complaint, finding that the apartment had been vacancy-deregulated in 2006 before tenants moved in....

Landlord Proved Apartment Was Vacancy-Deregulated in 2010

February 23, 2024    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2010. This was before tenant moved into the unit...

Landlord Not Limited to Guidelines Increase When Renewing Preferential Rent Pre-HSTPA

February 23, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of rent overcharge. The DRA ruled against tenant, who appealed and lost.  Tenant argued that landlord had illegally raised her preferential rent beyond...

No Rent Fraud Found in Connection with Small, Refunded Overcharge

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in January 2019. The DRA ruled for tenant in part, finding that there was a rent overcharge but insufficient evidence of fraud as tenant claimed. So...

Document Production by Landlords in Overcharge Case Limited to Four-Year Lookback Period

January 28, 2024    

Building tenants sued landlord in 2018 for rent overcharge. In connection with pre-trial discovery, the court granted tenants' request to compel landlord to produce their operating and management agreements, all...