LANDLORD LOSES

Landlord Must Produce Pre-Base Date Rent History Records

September 25, 2023    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit and sought class action status. The court denied a motion by landlord to dismiss that claim, finding it...

Landlord Collected Rent Overcharges Under RGBO Order Nos. 40 and 41

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord Didn't Prove Claimed Individual Apartment Improvements

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord's Participation in LIHTC Program Didn't Prevent DHCR from Deciding Overcharge Claim

September 24, 2023    

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

Tenants of 421-a Building Can Pursue Rent Overcharge Claims in Class Action

September 24, 2023    

Rent-stabilized tenants of a building receiving RPTL 421-a tax benefits sued landlord in 2021, claiming that landlord improperly utilized preferential rents as part of their initial 421-a registration. Tenants asked...

Prior Pre-Base Date Overcharge Ruling Applied in Response to New Tenant's Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $261,960, including interest and triple damages. Landlord appealed and lost. Landlord claimed...

Triple Damages Applied to Full Overcharge Resulting from Post-HSTPA Complaint

August 28, 2023    

Rent-stabilized tenant complained to the DHCR after HSTPA took effect, claiming rent overcharge based on a prior rent reduction order. The DRA ruled for tenant and ordered landlord to refund $98,860, including triple...

Rent Overcharge Based on Miscalculation of MCI Rent Hike Included Triple Damages

August 28, 2023    

Rent-stabilized tenant complained of rent overcharge based on a disputed MCI rent increase. The DRA ruled for tenant and found an overcharge of $544, including triple damages.

DHCR Must Review Whether Apartment Was Properly Deregulated

August 28, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding insufficient evidence of fraud and that the apartment had been vacancy deregulated...

Landlord Waived Lawful Rent Increases

July 25, 2023    

Rent-stabilized tenant in Yonkers complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $576, including triple damages. Landlord appealed and lost. Landlord had waived the...

DHCR Didn't Reduce Rent Overcharge Finding Based on Unpaid Rent

July 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA found that an overcharge resulted from landlord's rent increase of $16.29 per month to tenant's vacancy lease based on an unproven...

Four-Year Statute of Limitations Applied to Pre-HSTPA Overcharge Claims

June 28, 2023    

Building tenants sued landlord, claiming rent overcharge damages. In the class action suit, the court ruled that: (a) tenants were entitled only to damages that occurred prior to the filing of their complaint; (b)...