LANDLORD LOSES

Overcharge Claim Based on Rent Concessions Given at Time of Initial 421-a Rentals

December 22, 2021    

Tenants in a 421-a building sued landlord, claiming rent overcharge. Tenants argued that landlord engaged in a "preferential rent" ruse by charging initial 421-a program rents at rates lower than the...

Waiver Rule Not Applied in Calculation of Rent Overcharge in 421-g Building

December 21, 2021    

Tenant complained in October 2019 of rent overcharge. Tenant moved into the apartment on Nov. 1, 2014, and paid an initial rent of $7,775 under a one-year lease. The building received 421-g tax benefits that...

IAIs Apparently Paid by Landlord to Contractor with Identity of Interest

November 22, 2021    

Tenants complained in 2017 of rent overcharge and improper deregulation of their apartment. The DRA ruled for tenants in part, finding that the unit was rent stabilized because the building received J-51 tax benefits...

Lower Court Improperly Applied HSTPA Amendments Retroactively

November 17, 2021    

Rent-stabilized tenant sued landlord for rent overcharge. The court ruled for tenant and directed landlord in October 2019 to refund overcharges, with triple damages. Landlord appealed and won in part. In calculating...

Rent Overcharge Results from Pre-Base Date Overcharge Order

October 27, 2021    

 

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $20,625, including triple damages.

Court Can Apply Default Formula to Determine Legal Rents in Class Action by J-51 Tenants

September 27, 2021    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization, and a declaration that their legal regulated rents should be calculated according to Rent...

Housing Court Settlement Didn't Prevent Rent Overcharge Finding

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge based on outstanding rent reduction orders. The DRA ruled for tenant and found the overcharge was willful. Although rent restoration orders had been issued in...

Parties Can't Stipulate Collectible Rent Was Higher Than Rent Set by Rent Reduction Order

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017 based on a DHCR rent reduction order. The DRA ruled for tenant and noted that some overcharge refund or rent credit had been made by landlord. Tenant...

Triple Damages Applied to Rent Overcharge Based on Rent Reduction Order

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $11,250, including interest and triple damages. The overcharge finding was based on a DHCR rent...

Landlord Was Responsible for Rent Overcharge Despite Building Purchase at Judicial Sale

August 26, 2021    

Landlord sued to evict rent-stabilized tenants based on nonpayment of rent. Tenants claimed rent overcharge. The court ruled against landlord and in favor of tenants in 2018. The court found that rent overcharges due...

Overcharge Resulted from Incorrect Guidelines Increase for SRO Unit

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,447, including triple damages and interest. The DRA found that the base date rent was lawful, but there...

DHCR Uses Waiver Rule to Set Apartment's Legal Rent

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to offer tenant a renewal lease based on the current legal rent of $623 per month. Landlord appealed and lost....