Landlord Collected Rent Overcharges Under RGBO Order Nos. 40 and 41

September 24, 2023

LVT Number: #32784

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord claimed that it had charged tenant proper minimum amount rent increases in July and August 2014 in accordance with NYC Rent Guidelines Board Order Nos. 40 and 41. The court ruled against landlord, who appealed further and lost.

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord claimed that it had charged tenant proper minimum amount rent increases in July and August 2014 in accordance with NYC Rent Guidelines Board Order Nos. 40 and 41. The court ruled against landlord, who appealed further and lost. The court found that the DHCR's ruling had a rational basis in the record and was not arbitrary and capricious. 

Matter of Parsons Manor, LLC v. DHCR: App. No. 2021-01711, Index No. 722271/20, 2023 NY Slip Op 04450 (App. Div. 2 Dept.; 8/30/23; Barros, JP, Maltese, Ford, Dowling, JJ)

Topics

More like this