LANDLORD LOSES

Tenants Sufficiently Presented Claims of Overcharge and Improper Deregulation

January 25, 2025    

Various building tenants sued landlord, claiming rent overcharge and improper deregulation of their apartments, which they claimed were rent stabilized. They also claimed breach of the warranty of habitability for...

DHCR Must Go Back More Than Four Years to Calculate Legal Rent in Pre-HSTPA Case

January 24, 2025    

Rent-stabilized tenant applied to the DHCR for a calculation of the legal regulated rent for his apartment. The DRA ruled in 2020 that the legal rent was $1,161.90 per month at the expiration of the most recent...

Rent Overcharge of $150,000 Results from Outstanding Rent Reduction Order

January 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $150,249, including interest and triple damages. The overcharge finding was based on...

Rent Overcharge Decided Using Default Formula

January 24, 2025    

The DHCR's Tenant Protection Unit (TPU) reviewed 2014 and 2015 rent registrations for an apartment and conducted a rent audit, requesting rent history documentation from landlord. Landlord didn't comply after...

Failure to Comply with 2008 Rent Reduction Order Led to $155,000 Rent Overcharge

January 21, 2025    

Rent-stabilized tenant complained of rent overcharge based on an outstanding rent reduction order. The DRA ruled for tenant and ordered landlord to refund $154,957, including triple damages and interest. Tenant's...

Landlord Can't Challenge MCI Room Count in DHCR Overcharge Proceeding

January 21, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled for tenant and directed landlord to refund $17,816, including triple damages and interest. Landlord appealed and lost. Landlord...

Rent Overcharge Resulted from Failure to Renew Lease and to Register Apartment

January 21, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in January 2019. The DRA ruled for tenant and directed landlord to refund $4,006, including interest and triple damages. Landlord appealed and lost....

DHCR Mistakenly Omitted Triple Damages on Overcharge Award for Post-HSTPA Complaint

January 20, 2025    

Rent-stabilized tenant complained in 2020 of rent overcharge. The DRA ruled for tenant in part, finding a rent overcharge of $9,081. But since landlord had already refunded $8,548 to tenant, landlord had to refund...

Claimed IAI Increase Disallowed Due to Lack of Landlord's Credibility

November 25, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA disallowed rent increases claimed by landlord for individual apartment improvements (IAIs) and found a rent overcharge. Landlord appealed and lost....

Rent-Controlled Tenant's Maximum Collectible Rent Remained Frozen

November 24, 2024    

Rent-controlled tenant complained to the DHCR in 2023 of rent overcharge. He claimed that landlord charged illegal fees and failed to comply with a 1991 rent reduction order. Tenant claimed that he was currently...

Owner Didn't Submit Rent History Records

November 20, 2024    

After the DHCR's Tenant Protection Unit (TPU) investigated claimed individual apartment improvements (IAIs), it referred the case to the DRA to commence rent overcharge proceedings. The DRA ruled for tenants,...

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...