MISCELLANEOUS

MISCELLANEOUS

Tenant's Rent-Stabilized Lease Exempt from Bankruptcy Estate

December 22, 2014    

Rent-stabilized tenant had lived in her apartment for over 40 years. After tenant's husband died in 2011, tenant was unable to pay her credit card debts totaling $23,000 and filed for Chapter 7 bankruptcy. Tenant...

Overcharge Found Based on Outstanding Rent Reduction Order

November 20, 2014    

In 2011, the DHCR started an Administrative Investigation Proceeding (AIP) and sent landlord a Notice of Commencement of Proceeding to Determine Whether the Owner Has Collected an Overcharge Above the Legal Regulated...

Landlord Entitled to Longevity Increase Back to 1965

September 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and ordered landlord to refund over $6,000, including triple damages. Landlord appealed, and the DHCR denied landlord's PAR....

Tenant Failed to Renew Rent-Stabilized Lease

September 21, 2014    

Landlord sued to evict rent-stabilized tenant for failing to renew her lease. The court ruled for landlord but permanently stayed issuance of an eviction warrant on the condition that tenant pay use and occupancy at...

Landlord Won't Allow Tenant to Sublet Garage Space

June 17, 2014    

Rent-stabilized tenant complained of a reduction in services after landlord no longer permitted him to sublet a garage space. Tenant claimed that he had done so previously for 16 years during the winter months he...

Tenant Wasn't Rent Stabilized Until 421-a Tax Benefits Took Effect

June 12, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant had moved into the apartment on Feb. 1, 2012, under a one and one-half year lease. The monthly rent was $3,180, with a preferential rent of $2,850 for the...

Rent Increase Allowed for Deemed Renewal Lease

May 19, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the total overcharge with interest and triple damages was $3,900. But, since tenant owed landlord back rent totaling $4,240...

No Dollar Amount Guidelines Increase Permitted

March 24, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that tenant's legal rent on Dec. 1, 2010, should be $358.14, not $400.87. Landlord appealed and lost. Landlord claimed that...

Landlord Can't Collect Electricity Surcharge

March 21, 2014    

Tenant complained of rent overcharge. On Jan. 7, 2005, his building left the Mitchell-Lama program and became rent stabilized. Under Mitchell-Lama, the building was electrical inclusion and tenants were charged an...

Overcharge Results After High-Income Deregulation Voided

February 18, 2014    

Landlord asked the DHCR to set a lawful rent for tenant's apartment. Landlord showed that a DRA order issued in November 2007 deregulated the apartment based on high-income rent deregulation. That ruling was...

Landlord Can Move and Reduce Laundry Room Service

February 18, 2014    

Landlord asked the DHCR for permission to reduce the number of washers and dryers in its hotel-stabilized building from 16 to five of each, to relocate the laundry room from the basement to the 12th floor, and to...