LANDLORD LOSES

Improperly Deregulated Tenant in J-51 Building Can Raise Rent Fraud Claim

March 26, 2021    

Tenant in a rent-stabilized building that received J-51 tax benefits until 2013 sued landlord, claiming rent overcharge and improper deregulation. Landlord gave tenant an unregulated lease when tenant moved into the...

DHCR Won't Accept Missing Lease Record Submitted for First Time with PAR

March 25, 2021    

Tenant complained to the DHCR of rent overcharge in 2016, claiming that she was never advised by landlord that she was rent stabilized, and had recently received a renewal lease offer seeking to revoke what landlord...

On-Time Rent Concession Resulted in Reduction of Legal Regulated Rent

February 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, imposed triple damages, and reduced the legal rent. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision...

Comparable Rents Used to Set Base Date Rent After Temporary Exemption

February 24, 2021    

Tenant complained of rent overcharge in 2014. Landlord claimed that the apartment was vacancy-deregulated before tenant moved in. The DRA ruled for tenant and found she was rent stabilized. Landlord appealed and lost...

Rent Hike for IAIs Disallowed Due to Contractor Relationship with Landlord

February 24, 2021    

Tenant complained of rent overcharge in 2012. Landlord claimed that the apartment was vacancy-deregulated in 2010 before tenant moved in because individual apartment improvements (IAIs) added a rent increase that...

Landlord Couldn't Document Preferential Rent

February 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,736, including triple damages and interest. Landlord appealed and lost. Tenant moved into the 421-a...

Long-Standing Rent Reduction Order Resulted in $87,000 Overcharge

February 24, 2021    

Tenants complained of rent overcharge in 2017 and claimed that landlord had fraudulently deregulated their apartment in 2004. Although landlord failed to submit proof that the apartment was vacancy-deregulated in...

DHCR Reasonably Found Indicia of Fraud

February 8, 2021    

Tenant complained of rent overcharge. The DRA ruled for tenant, and the DHCR denied landlord's PAR. Landlord was directed to refund the overcharge with triple damages.  Landlord then filed an Article 78...

On-Time Rent Provision in Lease Resulted in Willful Rent Overcharge

February 8, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. The DHCR ruled for tenant based on the inclusion of an "on-time" provision in tenant's lease. Landlord registered the legal regulated rent...

Trial Needed to Determine Facts Needed to Calculate Rent Overcharge

January 26, 2021    

Landlord sued to evict unregulated tenants for nonpayment of rent in 2019. Tenants claimed improper deregulation and rent overcharge, and asked the court for a ruling without trial. The court ruled for tenants....

Tenant Can Conduct Pretrial Questioning of Managing Agent about IAIs from 1994

January 25, 2021    

Tenant sued landlord for improper deregulation and rent overcharge. Tenant claimed that the building received J-51 tax benefits, so the apartment couldn't be deregulated under high-rent vacancy deregulation....

Tenant Can Conduct Discovery Concerning IAIs with Counterclaim

January 25, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's monthly rent was $2,367, and tenant owed over $17,000 in back rent. Tenant claimed rent overcharge and asked the court for permission...