No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

December 16, 2019

LVT Number: #30510

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed an Article 78 court appeal. Tenant claimed that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. The DHCR's decision was rationally based, and tenant didn't present sufficient proof of fraud. The $1,720 rent set when tenant moved in was the legal regulated rent.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed an Article 78 court appeal. Tenant claimed that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. The DHCR's decision was rationally based, and tenant didn't present sufficient proof of fraud. The $1,720 rent set when tenant moved in was the legal regulated rent. Tenant also didn't pay more than the monthly share of $1,127 set by an HPD Regulatory Agreement for the apartment. In later years, tenant's rent was further reduced because he received a Section 8 rent subsidy.

Mbow v. DHCR: 2019 NY Slip Op 33435(U), Index No. 151423/2019 (Sup. Ct. NY; 11/21/19; Rakower, J)

Topics

More like this