LANDLORD LOSES

Tub Reglazing and Smoke Detector Installation Weren't IAIs

October 23, 2024    

After an IAI audit of tenant's apartment, the DHCR's Tenant Protection Unit (TPU) referred the matter to the DRA for processing of a rent overcharge complaint. The DRA disallowed a small portion of landlord...

Legal Rent Set at Amount of Preferential Rent Where Higher Rent Not Preserved in Records

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and set the legal regulated rent at $1,556 per month. Landlord appealed and lost. Landlord claimed that the amount of $1,556...

Tenant's Colorable Claim of Rent Fraud Warrants Pre-Trial Discovery

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed rent overcharge. In May 2023 tenant asked for permission to amend her answer to plead a common law fraudulent scheme to deregulate the...

Tenants Can Pursue Class Action Based on Claim That Landlord Improperly Used Rent Concessions

July 26, 2024    

Tenant sued landlord, claiming that she was charged more than the maximum legal rent under rent stabilization while the building received RPTL Section 421-a tax benefits. Tenant claimed that landlord engaged in a...

1996 Rent Reduction Order Resulted in Overcharge for Claim Filed in 2016

July 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2016. The DHCR ruled for tenant. A DHCR rent reduction order had been in effect since 1996. So, the rent freeze resulting from that order remained...

Landlord Failed to Preserve Legal Regulated Rent and Preferential Rent in Leases

July 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled for tenant, finding that the overcharge resulted by the landlord waiving its right to charge a higher legal rent when it...

Tenant Claims Rent Concession Was Improper Preferential Rent in 421-a Building

June 26, 2024    

Tenant in a building receiving 421-a tax benefits sued landlord, claiming rent overcharge and violations of the Rent Stabilization Law. Tenant also sought to make the case a class action. The court denied landlord...

Landlord Mistakenly Claims That Overcharge Issue Was Already Resolved

June 24, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $13,906, including interest and triple damages. Landlord appealed and lost. Landlord claimed that it wasn...

Rent Overcharge Determined Using Sampling Method Default Formula

May 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund $7,640, including triple damages. Tenant appealed, claiming that the pre-base date rent...

Landlord Improperly Discontinued Preferential Rent

May 22, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of improper deregulation of her apartment and rent overcharge. The DRA ruled for tenant, finding that the apartment was rent stabilized and that tenant'...

Rent Overcharge Found Due to Pre-Base Date Rent Reduction Order

April 25, 2024    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant directed landlord to refund $57,975, including interest and triple damages. The overcharge finding was based on a...

$75,000 Default Method Overcharge Finding Based on Landlord's Failure to Answer Complaint

April 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $74,420, including triple damages. The overcharge was determined based on the Rent...