Landlord Didn't Give New Tenant a Lease

December 16, 2019

LVT Number: #30506

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2016. Landlord appealed and lost in 2017. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost. The DHCR properly awarded a rent overcharge and triple damages to tenant because landlord failed to provide tenant with a lease. Landlord thereby waived any right it may have had to increase tenant's rent above what it charged the prior tenant.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2016. Landlord appealed and lost in 2017. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost. The DHCR properly awarded a rent overcharge and triple damages to tenant because landlord failed to provide tenant with a lease. Landlord thereby waived any right it may have had to increase tenant's rent above what it charged the prior tenant. The DHCR's decision had a rational basis and wasn't arbitrary or capricious. 

Bedeau Realty Corp. v. DHCR: 2019 NY Slip Op 08401, Index No. 2017-13232 (App. Div. 2 Dept.; 11/20/19; Austin, JP, Roman, Barros, Connolly, JJ)

Topics

More like this