LANDLORD WINS

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)...

No Overcharge Found Where Landlord Clarified IAI Payments

June 16, 2021    

(Decision submitted by Elizabeth A. Lentini of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant complained of rent overcharge. He...

No Error in Calculation of Rent-Controlled Tenant's Rent

May 25, 2021    

Rent-controlled tenant complained of rent overcharge, claiming improper calculation of the latest Maximum Base Rent (MBR) for his apartment. The DRA issued an order calculating the Maximum Collectible Rent (MCR) for...

Landlord Documented Individual Apartment Improvements

May 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord was entitled to a rent increase for individual apartment improvements (IAIs) when tenant moved in. Tenant...

Tenant Can't Claim Rent Fraud for the First Time on Appeal

May 24, 2021    

Tenant claimed that she was rent stabilized and complained of rent overcharge in 2018. The DRA ruled against tenant, finding that the apartment had been vacancy deregulated in 2006. Tenant appealed and lost. In...

Landlord Proved the Cost of IAIs

April 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017, claiming that prior landlord committed rent fraud. The DRA ruled against tenant, who appealed and lost. At the outset, the DHCR noted that the DRA...

Landlord Entitled to Collect Rent Increase for IAIs

April 26, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $692, including triple damages. Tenant appealed and lost. After tenant filed his PAR, the HSTPA was...

TPU Incorrectly Claimed Rent Overcharge

April 26, 2021    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint against landlord in 2017 after conducting a rent audit. The DRA found an overcharge and ordered landlord to refund tenant $19,905,...

Apartment's Initial Legal Regulated Rent No Longer Subject to Challenge

April 26, 2021    

Tenant complained in 2017 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the unit had been rent-controlled until it became temporarily exempt from rent regulation...

Overcharge Complaint Concerning Deregulated Apartment Properly Dismissed

April 26, 2021    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant. Tenant presented no proof indicating any rent fraud by landlord. The base rent date was Jan....

Landlord Set Lawful Legal Regulated Rent After Unit's Temporary Exemption

April 26, 2021    

Rent-stabilized tenants complained of rent overcharge. In 2018 the DRA ruled against tenants, finding that the 2021 base date rent of $1,582 charged to tenants was proper. Tenants appealed and lost. Tenants claimed...

Landlord Proved Apartment Was Deregulated

April 26, 2021    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. Landlord asserted that the apartment was deregulated in 2009 when the rent was increased from $1,893 to $2,196 after application...