LANDLORD WINS

Complaint Dismissed Where No Rent Fraud or Rent Overcharge Found

October 21, 2019    

Yonkers ETPA tenant complained in 2018 of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the base date rent was $1,250 per month, paid by prior tenant. The apartment was then...

Landlord Didn't Overcharge Former Tenant's Roommate

October 21, 2019    

Apartment tenant complained of rent overcharge. He claimed that he had succession rights and that landlord improperly charged him a vacancy increase instead of a renewal increase when landlord gave him a lease after...

Although Apartment Was Improperly Deregulated, There Was No Rent Overcharge

September 24, 2019    

Tenants complained of rent overcharge and improper deregulation of their apartment. The DRA ruled that the apartment had been improperly deregulated but that there was no overcharge. Tenants appealed and lost....

Amendments to RSL in June 2019 Didn't Change Result of Overcharge Claim Denied in May 2019

September 22, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there was a fraudulent scheme to deregulate the apartment and rent overcharge and asked the court to dismiss the case. The court ruled against...

No Rent Overcharge Found Using Four-Year Base Date

August 12, 2019    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant, found that he was rent stabilized, and referred the matter to a referee to determine the amount...

Landlord Submitted Sufficient Proof of IAIs

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,667, including interest. Tenant appealed, claiming that the overcharge was greater. Tenant contested...

No Rent Overcharge Found After Rent Arrears Considered

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,830, including interest. Landlord appealed and won. Landlord pointed out that tenant owed rent for a...

Landlord Didn't Waive Longevity Rent Increase

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund a small overcharge amount. Tenant filed an Article 78 court appeal, claiming that the overcharge finding...

Rent Overcharge Claim Dismissed

May 25, 2019    

Tenant complained of unlawful apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was lawfully deregulated due to a high-rent vacancy in 2009, prior to the base rent...

Landlord Submitted Sufficient Proof of IAIs

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to refund $1,700 because landlord charged tenant a two-month rather than a one-month security deposit. Tenant...

Rent-Stabilized Tenant Can't Prove Fraud

May 25, 2019    

Landlord sued to evict tenant, who claimed rent overcharge. The court granted landlord's request to dismiss tenant's overcharge claim. Tenant appealed and lost. Assuming the apartment was rent stabilized,...

No Overcharge Collected from Tenant of Improperly Deregulated Apartment

May 24, 2019    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case without trial. The court ruled for landlord. The building received J-51 tax benefits...