LANDLORD LOSES

No Overcharge Found for Months Where Landlord Didn’t Accept Rent Payments

June 24, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,245, including interest. Landlord appealed and won, in part. The DRA found that landlord collected...

1985 Rent Reduction Order Froze Rent Until Rent Restored in 2015

June 21, 2016    

Landlord sued to evict tenant for failing to sign an unregulated renewal lease that was offered. Tenant claimed that the apartment was rent stabilized and that he was being overcharged. The court ruled for tenant....

Landlord Waived Right to Collect Appliance Surcharges

May 24, 2016    

Tenant complained of rent overcharge. The DRO ruled for tenant and found that new landlord couldn’t charge tenant for her washing machine or air conditioner. Landlord appealed and lost. New landlord started...

Tenant's Leases Didn't Document Preferential Rent

May 24, 2016    

Tenant complained of rent overcharge. The DRO ruled for tenant and ordered landlord to refund $19,115, including triple damages. Landlord appealed and lost. Landlord claimed that when tenant moved into the apartment...

Proceeding Initiated by TPU Didn't Deprive Landlord of Due Process

May 24, 2016    

The Tenant Protection Unit (TPU) initiated a rent overcharge proceeding that challenged individual apartment improvements (IAIs) claimed by landlord. When the matter wasn’t resolved, TPU forwarded the case to...

Rent Reduction Order Resulted in Reduction of Vacancy and Guidelines Increases

April 25, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Based on a rent reduction order in effect on the base rent date, the base rent was reduced to $524 and landlord was ordered to refund $...

DHCR Rejects Landlord’s Settlement with Former Tenants in Case Started by TPU

April 22, 2016    

The DHCR’s Tenant Protection Unit (TPU) commenced an Individual Apartment Improvements (IAI) audit for tenant’s apartment. Based on TPU’s review of apartment registrations, TPU sent a letter in...

Settlement Agreement Vacated Based on Tenant’s Defense in Nonpayment Case

March 23, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay the back rent claimed by landlord. Later, tenant got an attorney and asked the...

No Proof Apartment Was Legally Deregulated

February 22, 2016    

Tenant complained of rent overcharge. Landlord claimed that the apartment had been deregulated. The DRA ruled for tenant, finding that tenant’s legal rent was $1,500 per month, and ordered landlord to refund $1...

Tenant Was Overcharged Based on Prior Rent Reduction Order

February 18, 2016    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed rent overcharge.  A DHCR rent reduction order was issued in 1976, and landlord’s later application to restore rent wasn...

Rent Overcharge Resulted from Prior Rent Reduction Order

January 25, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears totalling $5,760 in installment payments and landlord could execute...

Landlord Improperly Applied DSS Payments Made on Tenant's Behalf

December 18, 2015    

Tenant complained of rent overcharge. Tenant claimed that landlord failed to credit her for two rent payments made on her behalf by DSS and still billed her for that rent. The DRA ruled for tenant. Landlord appealed...