LANDLORD LOSES

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...

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...