LANDLORD WINS

Reasonable Reliance on Landlord's Actions Not Needed to Prove Fraud in Overcharge Case

April 25, 2025    

Tenants in a 421-a building sued landlord in 2020, claiming that prior landlord unlawfully registered inflated initial rents for their rent-stabilized apartments. Tenants claimed that this was a fraudulent scheme to...

Unsigned Court Stipulation Had No Effect on DHCR Finding of No Overcharge

April 23, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. She claimed that the $510 monthly rent she paid in September 2020 included an overcharge due to outstanding rent reduction orders and missing...

No Rent Overcharge Where Tenant Agreed to Transfer to Unregulated Apartment

April 23, 2025    

Tenant complained to the DHCR in 2023 of rent overcharge resulting from unlawful deregulation of his apartment. Tenant had moved into the apartment in 2020 under an unregulated lease with a monthly rent of $2,150....

No Rent Overcharge Found for Rent-Controlled Tenant

April 22, 2025    

Rent-controlled tenant complained of rent overcharge. He said landlord improperly calculated the 2022-2023 Maximum Base Rent (MBR) for his apartment as $2662.80 instead of $2,622.80. In response, landlord claimed...

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA had found that the legal base date rent was $1,410.48...

Landlord Refunded Overpayment Upon Notice of Tenant's DRIE Benefits

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. Tenant claimed that her rent was frozen as the result of DRIE program benefits she received and that landlord was willfully overcharging her. The DRA...

Landlord Challenges Application of Default Formula to Rent Overcharge Claims

March 27, 2025    

Tenants lived in a building that was subject to HUD oversight until April 12, 2011, when the building became subject to the Rent Stabilization Law. Under landlord’s Use Agreement with HUD, tenants who had been...

No Rent Overcharge Occurred While Tenant Was Building Super and Paid No Rent

March 24, 2025    

Tenant complained to the DHCR in 2016 of rent overcharge. He claimed that he moved into the apartment in 1984, was rent stabilized until 2003 when he became the building superintendent, then paid no rent and had no...

Tenant's Overcharge Claim Was Resolved in Prior Court Proceeding

March 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. In response, landlord showed that tenant had raised these claims in a prior nonpayment proceeding that landlord had commenced...

No Rent Overcharge Found Despite Outstanding Rent Reduction Order

March 24, 2025    

Rent-stabilized tenant complained in December 2019 to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $1,478, including triple damages, for the period...

DHCR's Finding of No Rent Overcharge Upheld as Rational and Based on Record

January 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DHCR ruled against tenant, finding no overcharge and that landlord had registered the unit as rent stabilized. Tenant then...

Apartment Was Properly Deregulated Based on Vacancy and IAI Rent Increases

January 24, 2025    

Tenant complained to the DHCR in February 2019 of rent overcharge and improper deregulation of her apartment. She challenged her preferential rent, denied there was a higher legal regulated rent, and objected to...