LANDLORD WINS

421-a Rent Surcharge Wasn't Included in Base Rent

March 26, 2018    

Rent-stabilized tenant of a building receiving 421-a tax benefits complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $447, including interest. Tenant appealed and lost. Tenant...

Base Rent Set Using Average of Comparable Rents

March 26, 2018    

Tenant complained of rent overcharge by the building's 7A Administrator. The DRA ruled for tenant and ordered landlord to refund $11,858, including interest. Since there were no rent history records for the...

Rent Charged When Unregulated Apartment Becomes Subject to J-51 Becomes Regulated Rent

March 22, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord had created a new apartment and was entitled to a market rent. Tenant appealed, and the DHCR reopened the case for further...

New Landlord Who Discovered Tenant A/Cs Can Collect Surcharge

February 26, 2018    

(Decision submitted by Tony Subraj, Vice President of landlord Zara Realty.)

Landlord Correctly Collected Renewal Increase and 421-a Surcharges

February 22, 2018    

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant Can't Raise Untimely Rent Overcharge Claim

February 15, 2018    

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to allow tenant to pay back rent owed. Tenant later...

No Reduced Vacancy Increase Before June 2015 Where Prior Tenant Paid Preferential Rent

January 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant moved into the apartment on June 1, 2012, at a legal regulated rent of...

No Rent Overcharge for A/C Surcharges Collected Since Base Rent Date

January 24, 2018    

Rent-stabilized tenant complained of rent overcharge, claiming that landlord collected an excessive air conditioning surcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed fraud by landlord...

No Fraud by Landlord Where Rent Was Well Below Deregulation Threshold

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge and claimed that landlord fraudulently schemed to deregulate her apartment. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant...

Substantial Rent Increase Didn't Prove Fraud by Landlord

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won, in part. Tenant claimed landlord fraud because the apartment rent increased from $...

Landlord Can Collect A/C Surcharge from SCRIE Tenant

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge because landlord collected rent surcharges for tenant's two air conditioners. The DRA ruled against tenant, who appealed and lost. Tenant claimed that she had...

Landlord Properly Collected Rent Surcharges for Appliances

December 20, 2017    

Rent-stabilized tenant complained of rent overcharge based on air conditioner and washing machine surcharges collected by landlord. Tenant claimed that she had the appliances for 34 years, but landlord started...