LANDLORD WINS

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...

Tenant Can't Challenge Pre-Base Date Rent Increases Absent Showing of Fraud

January 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. Tenant had moved into the unit in 2009 at a monthly rent of $1,600. She claimed that her rent had been illegally increased through the years...

IAI Rent Increase Complied with Rent Stabilization Requirements

January 22, 2025    

Tenant complained to the DHCR of rent overcharge in 2020. Tenant claimed that, when she moved into the unit in 2017, landlord had made improper individual apartment improvements (IAIs), without permits and using...

Tenant in Substantially Rehabilitated Building Can't Claim Rent Overcharge

January 21, 2025    

Tenant complained of rent overcharge in 2023. The DRA ruled against tenant, who appealed and lost. The DHCR had issued a prior order in 2023 finding that tenant's building was exempt from rent stabilization based...

Total Overcharge Reduced from $20,800 to $1,295 Because DRA Omitted IAI Increase

November 24, 2024    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant, finding that the 2014 base date rent was $1,100, that tenant moved into the unit on Jan. 1, 2016, that landlord was entitled to...

Court Already Ruled There Was No Fraudulent Overcharge by Landlord

November 24, 2024    

Tenant complained to the DHCR in December 2019 of rent overcharge and fraudulent deregulation of his apartment. The DRA ruled for tenant in part, setting the base rent date as June 14, 2019, finding subsequent...

Tenant's Claim of Rent Overcharge Dismissed by Appeals Court

November 20, 2024    

Tenant sued landlord, claiming rent overcharge and improper deregulation of her apartment. Landlord asked the court to dismiss three of tenant's claims without trial. The court ruled for landlord. Tenant appealed...