LANDLORD WINS

No Rent Overcharge Found Under Four-Year Rule

February 21, 2019    

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial...

No Fraud Found in Connection with IAIs

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that individual apartment improvements (IAIs) done by landlord were merely repairs. She also claimed that landlord was charging her a preferential rent....

Landlord Properly Reregulated Apartment

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord had improperly deregulated the apartment while the...

Landlord Sufficiently Proved IAIs

December 26, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that all rent increases were lawful and that tenant was properly vacancy deregulated. But the DRA also ruled that tenant remained rent...

DHCR Finds No Overcharge

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant had moved into the apartment in 2002 and filed her overcharge complaint in 2016. The DRA found no overcharge since the 2012 base date.

Tenant Who Transferred Didn't Retain Prior Rental Rate

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that she moved from Apt. 2A to 3A at landlord's request and that landlord then impermissibly increased her rent. The DRA ruled against tenant,...

No Overcharge Where Court Previously Approved Settlement

December 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In a prior housing court eviction proceeding based on nonpayment of rent, landlord and tenant signed a...

Landlord Applied Temporary Exemption Rule in Effect When Tenant Moved In

December 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,697, including interest. Landlord and tenant both appealed. The DHCR ruled against landlord, who...

Leases Showed Both Legal Regulated Rents and Preferential Rents

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord misrepresented a preferential rent that tenant...

Tenant Waited 15 Years to Complain of Rent Overcharge

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that she moved into the apartment on June 1, 2001, and that...

No Overcharge Found Where Legal Rent Set by Prior Settlement Agreement

November 25, 2018    

(Decision submitted by Karen Schwartz-Sidrane, Esq. of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant Can't Challenge 1999 Rent Increase

October 29, 2018    

Tenant complained of rent overcharge and claimed that his apartment was improperly deregulated. The DRA ruled against tenant, who appealed and lost. Tenant filed his complaint in September 2014, claiming that a...