LANDLORD LOSES

Court Reopens Case Where 421-a Tenants Claim Improper Preferential Rents

February 22, 2023    

Tenants of a 421-a building sued landlord for rent overcharge and sought injunctive relief. They claimed that landlord violated the Rent Stabilization Law and Code in 2014 when initial legal regulated rents were...

Landlord Didn't Document Preferential Rent in Renewal Leases

February 22, 2023    

A Yonkers rent-stabilized tenant filed a specific rent overcharge complaint with the DHCR in 2018. He argued that his 2015 vacancy lease set forth a legal regulated rent (LRR) of $957 per month and a preferential...

DHCR Can Consider Pre-Base Date Overcharge Ruling When Deciding New Complaint

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant, finding that the base rent date was June 1, 2011, which was six years prior to the filing of tenant's complaint and finding...

Landlord Waived Rent Increase for Two-Year Renewal Lease Period

February 22, 2023    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $5,120 with triple damages. But, since tenant owed landlord $14,975 in back rent, no...

Court Recalculates Rent Overcharge Findings Based on Default Formula

January 30, 2023    

Thirteen tenants sued landlord for rent overcharge and fraudulent deregulation of apartments in their building. In 2021, The court ruled for a number of the tenants, finding rent overcharges subject to the default...

Landlord Didn't Comply with Rent Reduction Order that Froze Apartment Rent

January 29, 2023    

The DHCR's Tenant Protection Unit (TPU) commenced a rent overcharge complaint against a building's new landlord on behalf of one tenant, after conducting an audit of the building's rents and finances in...

Some Claimed IAI Costs Were Insufficiently Documented

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and a lease violation, claiming that his apartment had been improperly deregulated. Landlord argued that the unit was vacancy-deregulated after adding a 1/40th rent...

Landlord Didn't Prove Debris Removal Was Properly Included in IAI Rent Increase

October 24, 2022    

Tenant asked the DHCR in 2014 for an Administrative Determination of the legal regulated rent for his apartment. In response, landlord acknowledged that tenant was rent stabilized and that it had refunded $6,632 to...

Rent Overcharge Resulting from SCRIE Error Not Willful

September 26, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,528, including interest. Landlord appealed and lost. Landlord argued that the case should have been...

Tenant Can Proceed with Claim that Apartment Was Fraudulently Deregulated

August 24, 2022    

Tenant sued landlord in 2020 for rent overcharge and fraudulent deregulation of her apartment due to landlord's claimed high-rent vacancy deregulation. Tenant also claimed violation of General Business Law (GBL)...

On-Time Rent Discount Was Improper and Resulted in Rent Overcharge

August 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,662, including triple damages. Tenant's lease listed a legal rent of $2,124.25 per...

Alleged Rent Ledger Was Insufficient to Prove Base Date Rent

August 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,355, including triple damages. Landlord appealed and lost. The DRA correctly applied a...