LANDLORD WINS

Failure to Follow 2009 Roberts Ruling on Deregulation Didn't Constitute Fraud by Landlord

December 22, 2021    

Tenant complained of rent overcharge and improper deregulation in 2016. In 2014, tenant had moved into a building that received J-51 tax benefits between 2005 and 2017, at an initial rent of $3,750. The DRA ruled...

DHCR Substantially Reduces Overcharge Award After Regina Court Sets Calculation Method

December 22, 2021    

Landlord gave new tenants a deregulated lease in 2005 after removing the apartment from rent stabilization in 2003 under the Rent Stabilization Law's vacancy decontrol provisions. At the time, and until 2013, the...

No Overcharge Where Missing Registrations Filed Before Ruling

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,828, including interest. Landlord and tenant both appealed. Landlord argued that any overcharge was...

Default Formula Didn't Apply to Rent Overcharge Claim

October 27, 2021    

Tenants sued landlord, claiming improper apartment deregulation and rent overcharge based on a fraudulent scheme to deregulate. They asked the court to set legal rents based on a default formula found in the Rent...

Default Formula Can't Be Used to Decide Tenant's Rent Overcharge Claim

September 27, 2021    

Landlord sued tenant for nonpayment of rent. In response, tenant claimed rent overcharge, asked the court to utilize the default formula in determining the apartment rent, and sought pre-trial document production. In...

Pre-HSTPA Request to Determine Legal Rent Subject to Four-Year Lookback Period

September 23, 2021    

Tenant filed an application in December 2014, asking the DHCR to determine in an administrative proceeding the legal regulated rent of his rent-stabilized apartment. The DRA reviewed requested records from tenant and...

No Fraud by Landlord Who Mistakenly Deregulated Apartment

July 27, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment, located in a building receiving J-51 tax benefits. Landlord responded that, once the outcome of the Roberts decision in 2010...

Tenant Can't Claim Improper DHCR Registration of Pre-Base Date Rents

July 27, 2021    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial and argued that the apartment was rent stabilized and had been improperly registered with the DHCR. The...

No Indicia of Fraud Found in Connection with Tenant's Dismissed Overcharge Claim

July 27, 2021    

Rent-stabilized tenant sued landlord in 2018, claiming rent overcharge after living in the apartment for 30 years. Current landlord bought the building in 2005. Tenant claimed that a prior tenant who lived in the...

No Indicia of Fraudulent Scheme to Deregulate Apartment

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge after applying lawful rent increases to the four-year base date rent. While tenant initially paid a preferential rent, his...

Landlord Showed Lease History of Preferential Rent and Lawful Rent Increases

July 23, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA applied a four-year base date and ruled against tenant in March 2019, finding no overcharge. Tenant appealed and lost. While at first the DHCR was...

Landlord Proved Payment for IAIs

June 21, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant questioned the rent increase for individual apartment improvements (IAIs)...