Tenant Improperly Claims Rent Overcharge After Final DHCR Rulings
LVT Number: #28435
Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed that landlord failed to properly calculate his rent in light of J-51 tax relief and fuel cost adjustments. The court ruled for landlord. Tenant appealed and lost. The DHCR had made several rulings on tenant's overcharge claims, and tenant didn't file any Article 78 petitions to seek further review. Landlord therefore correctly sought a balance due of $2,075.
Petros Realty Owners, LLC v. Vetrano: 59 Misc.3d 148(A), 2018 NY Slip Op 148(A) (App. T. 2 Dept.; Pesce, PJ, Aliotta, Elliot, JJ)
More like this
- DHCR's Finding That Buildings Were an HMD Wasn't a Final Ruling Subject to Appeal
- Tenant Can't Claim Improper DHCR Registration of Pre-Base Date Rents
- Landlord Must Wait for Final DHCR Ruling on Remanded Case Before Filing Appeal
- DHCR Must Apply Four-Year Rule to Overcharge Claim Where No Fraud Was Found