TRIPLE DAMAGES DENIED

No Fraud by Landlord in Connection with Rent Overcharge Claim

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant had paid a preferential rent since the base date. Tenant appealed and won in part. Tenant correctly...

Some IAI Costs Disallowed Based on Insufficient Proof

March 19, 2019    

The DHCR's Tenant Protection Unit (TPU) conducted an audit of individual apartment improvements (IAIs) claimed by landlord for tenant's apartment. The TPU disallowed all the IAIs based on records submitted by...

Landlord Refunded Substantial Portion of Overcharge

March 18, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge in the amount of $12,039, including interest. The overcharge was based on landlord's collection of rent...

Rent Overcharge Resulted from Improper Deregulation While Building Under J-51

February 25, 2019    

Tenant sued landlord, claiming that his apartment was improperly deregulated while the building received J-51 tax benefits. Tenant also claimed rent overcharge. The court ruled for tenant in part. Tenant's...

No Triple Damages for Overcharge Resulting from Rent Reduction Orders

January 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,987, including interest. The DRA found that the overcharge resulted from a series of rent reduction...

Landlord Didn't Sufficiently Prove IAIs

December 26, 2018    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit of an apartment rent based on a review of rent registrations. Based on landlord's failure to comply with the...

Landlord Deregulated Apartment Under Prior Rule Permitting Deregulation After Owner Occupancy

November 25, 2018    

(Decision submitted by Karen Schwartz-Sidrane, Esq. of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant complained of rent overcharge and...

Rent Overcharge Based on Unproved IAI Costs Wasn't Willful

September 26, 2018    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89,000, including interest. Landlord and tenant both appealed and lost. Landlord claimed that the DRA improperly...

No Triple Damages for Overcharge Found Through Adjustment of Pre-Base Date Rent

June 27, 2018    

(Decision submitted by Ronald S. Languedoc of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Rent of Improperly Deregulated Apartment Frozen at Last Registered Rent

May 27, 2018    

Landlord sued to evict unregulated tenant. Tenant claimed that his apartment was improperly deregulated and that he was overcharged. The court ruled for tenant. Prior landlord last registered the apartment as rent...

Landlord Omitted Legal and Preferential Rents from One Lease

March 27, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,680, including triple damages for willful rent overcharge. Landlord appealed and won, in part. The DHCR...

Apartment Improperly Deregulated During Receipt of J-51 Tax Benefits

March 27, 2018    

Tenant complained of rent overcharge, claiming that landlord had improperly deregulated his apartment in a J-51 building. The DRA ruled for tenant, finding the base date rent of $1,925 was legal but that there had...