LANDLORD WINS

Court Denies Tenant's Appeal of DHCR Order Finding No Overcharge

November 20, 2024    

Tenant complained to the DHCR of rent overcharge and fraudulent deregulation of her apartment. The DRA and DHCR ruled against tenant, finding that landlord didn't engage in a fraudulent scheme to deregulate the...

Apartment Was Vacancy Deregulated Before Tenant Moved In

October 23, 2024    

Tenant complained to the DHCR in 2020, claiming rent overcharge. The DRA ruled against tenant, finding that her apartment was no longer rent stabilized. Tenant appealed and lost. The base rent date for tenant's...

No Rent Increase Collected While Rent-Stabilized Tenant Was Month-to-Month

September 23, 2024    

Rent-stabilized tenant complained to the DHCR in August 2019 of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA applied an incorrect base...

Landlord Related to IAI Contractor Proved Costs of 2018 Improvements

September 20, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. Tenant said the apartment rent was increased before he moved in based on landlord's false claims concerning individual apartment...

Tenant Didn't Prove Landlord Waived Appliance Surcharges

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge based on claimed improper air conditioner and washing machine surcharge fees collected by landlord. The DRA ruled against tenant because tenant...

Landlord Not Required to Maintain IAI Records for More Than Four Years for 2017 Overcharge Claim

August 26, 2024    

Tenant complained to the DHCR in 2017 of improper apartment deregulation and rent overcharge. The DRA ruled for tenant and directed landlord to refund $19,800, including triple damages.

Proof of IAIs for Bathroom Replacement Proved No Rent Overcharge

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including interest and triple damages. Landlord appealed, claiming that the DRA failed to...

No Overcharge Owed to Tenant Whose Rent Arrears Exceeded Any Refund Due

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding some overcharge but also finding that rent arrears were more than the $5,117 overcharge found. So landlord owed no refund to...

Successor Tenant Entitled to Overcharges Only Since Date His Lease Commenced

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in May 2018, and pointed out that the DHCR had issued a rent reduction order in 2008. That order reduced the apartment rent to $1 per month. Tenant had...

No Indicia of Rent Fraud Bars Reviewing Rent History Back to 1993

July 26, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in 2022. Tenant had lived in the unit since 1997. Among other things, he claimed fraudulent rent overcharge, and asked the court for permission to...

Landlord Can Collect MCI Rent Hike Effective Before Date of Rent Reduction Order

July 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and, after finding that landlord already had given tenant a rent credit in December 2023 for $1,802, directed landlord to...

No Rent Fraud or Rent Overcharge Found

July 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge on July 9, 2019. Tenant had moved into the apartment on Dec. 1, 2002, 17 years earlier. The DRA dismissed tenant's complaint after landlord...