LANDLORD LOSES

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)...

Building Tenants Were Rent Stabilized and Entitled to Rent Overcharge Findings

June 28, 2023    

Tenants sued landlord seeking a declaratory judgment and rent overcharge refunds with triple damages dating back to 2015. Landlord claimed that the apartments in question had been luxury deregulated. Landlord relied...

Landlord Must Refund Small Overcharge Resulting from DRIE Calculation Error

June 27, 2023    

Tenant complained to the DHCR of rent overcharge. Tenant received a Disability Rent Increase Exemption (DRIE). This froze her collectible rent at $923.38 per month, but landlord changed the amount on a lease...

Lower Rent Paid as On-Time Rent Concession Payment Became Legal Regulated Rent

May 23, 2023    

Rent-stabilized tenant complained to the DHCR in 2015 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $37,183, including triple damages. Landlord appealed and lost. Landlord claimed that...

Triple Damages Applied to Overcharge Resulting from Rent Reduction Order

May 23, 2023    

Rent-stabilized tenant complained of rent overcharge based, in part, on landlord's failure to lower the collectible rent for his apartment in accordance with a 1986 rent reduction order issued by the DHCR. The...

Court Permits Tenant Claiming Fraud to Subpoena Building-Wide Rent Registration Records

May 23, 2023    

Tenant sued landlord, claiming rent overcharge and a fraudulent scheme to evade the Rent Stabilization Law. After starting the lawsuit, tenant sent the DHCR a subpoena for registration rent roll reports for the...

Tenant Can Raise Rent Fraud Claim in Response to Nonpayment Petition

April 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. At some point after initially answering the petition, tenant retained an attorney, who amended tenant's answer. The attorney later asked for...

Tenants Can Proceed with Overcharge Claims Based on Improper Rent Concessions

April 26, 2023    

Tenants sued landlord, claiming that landlord improperly manipulated the initial legal regulated rents of apartments in a 421-a building by offering tenants rent concessions. The court denied landlord's motion to...

DHCR Properly Relied on 1989 Rent Reduction Order to Find Rent Overcharge

April 26, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,517, including interest. Landlord appealed to the DHCR and lost. Landlord then filed an Article 78...

DHCR Can Determine Apartment's Legal Regulated Rent in Response to Tenant Application

April 23, 2023    

Tenant asked the DHCR in 2015 for an administrative determination of the legal regulated rent (LRR) of his apartment. Tenant submitted copies of his leases with the application, and pointed out that he had requested...