LANDLORD LOSES

Rent Amount Reflecting On-Time Payment Discount Was Legal Regulated Rent

March 27, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled for tenant, finding that the on-time discounted rent charged to tenant, rather than the higher rent listed on tenant's lease, was...

Court to Calculate Rent Overcharge Using Default Method Due to Fraud

March 27, 2025    

Rent-stabilized tenant sued landlord for rent overcharge, claiming fraud by landlord. The court ruled for tenant. The last rent charged to prior tenant was $1,044.52 per month and landlord then charged tenant $1,500...

Trial Must Determine If Default Formula Applied to Each Overcharge Claim in Class Action

March 27, 2025    

Tenants sued landlord in a class action, claiming rent overcharges resulting from an alleged scheme to charge market-rate rents for apartments while collecting J-51 tax benefits. Landlord denied tenants' claims...

Appeals Court Upholds DHCR's Decision that On-Time Discounted Rent Was Improper Late Charge

March 26, 2025    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, finding that an on-time discounted rent provided for in tenant's lease wasn't a preferential rent but instead amounted to an...

DHCR Properly Set On-Time Discounted Rent as Legal Regulated Rent

March 26, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge, and the DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable....

Landlord Overcharged Rent-Controlled Tenant

March 24, 2025    

Rent-controlled tenant complained to the DHCR in 2022 of rent overcharge. She claimed that there were improper Maximum Base Rent (MBR) calculations in the apartment's rent history since 1960. Landlord claimed...

Base Date Rent Set by Default Formula Because No Lease or Ledger Submitted

March 24, 2025    

Rent-stabilized tenant complained of rent overcharge in 2023. The DRA ruled for tenant and ordered landlord to refund $8,144, including triple damages and interest. Because landlord failed to submit a lease and/or...

Tenant's Preferential Rent Must Remain in Place Upon Lease Renewal

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

On-Time Rent Clause Reduced Claimed Preferential Rent to Legal Regulated Rent

February 25, 2025    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $15,873, including triple damages. Landlord appealed and lost. The DRA had properly...

New Landlord Responsible for Willful Rent Overcharge Based on Prior Rent Reduction Order

February 25, 2025    

Rent-stabilized tenant complained to the DHCR on June 25, 2019, of rent overcharge. The DRA ruled for tenant and ordered a refund of $50,869, including triple damages, for overcharges occurring between 2015 and 2023...

Legal Rent When Tenant Changed Units Remained Rent Collected for First Unit

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,170, including triple damages. Tenant appealed and won. Tenant argued that the actual overcharge was...

Default Formula Applied to Set Base Date Rent Where No Rent History Records Supplied

February 24, 2025    

In 2017, the DHCR's Rent Administrator opened a rent overcharge proceeding upon referral from the agency's Tenant Protection Unit (TPU). In June 2021, the DRA requested from landlord complete rent history...