LANDLORD WINS

Landlord Didn't Overcharge Tenant While Receiving J-51 Tax Benefits

September 25, 2017    

Tenant complained of rent overcharge and claimed that landlord engaged in a fraudulent scheme to deregulate his apartment. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant moved...

Apartment Was Properly Deregulated After J-51 Benefits Expired

August 27, 2017    

Tenant complained of rent overcharge, claiming that the building received J-51 benefits and his apartment was improperly deregulated. The DRA ruled against tenant, finding that the building's J-51 benefits had...

No Rent Overcharge Found After Reconsideration

August 27, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord owed tenant $7,453 plus interest. Since landlord already had refunded $9,189 to tenant, the DRA found that no further refund was...

DHCR Can't Inspect IAIs Installed Before Base Rent Date

August 27, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,980, with interest. Tenant appealed and lost. Tenant claimed that there was insufficient evidence of...

Landlord Not Required to Seek Lowest Cost for IAIs

June 26, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89, including interest. Tenant appealed and lost. The DRA had calculated the legal rent based on a vacancy increase,...

Landlord Properly Increased Rent-Stabilized Tenant's A/C Surcharge

June 26, 2017    

Rent-stabilized tenant complained of rent overcharge, specifically because landlord increased his air conditioner surcharge from $27.89 to $36.63 in September 2014. The DRA ruled against tenant, finding no overcharge...

No Proof Apartment Was Fraudulently Deregulated

May 29, 2017    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord had fraudulently deregulated the...

No Overcharge Found by Rent Administrator in Case Referred by TPU

May 29, 2017    

The DHCR's Tenant Protection Unit (TPU) audited individual apartment improvements (IAIs) performed in tenant's apartment and found that some of landlord's claimed IAIs were actually repairs. Landlord...

IAIs Done Before Operational Bulletin 2016-1 Issued Required Less Proof

May 29, 2017    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that all rent increases since the base rent date were lawful. Tenant appealed and lost. Tenant claimed that landlord failed to prove that...

Landlord Proves Rent Charged on Base Date Was Preferential Rent

May 29, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,555 with triple damages. Landlord appealed and won. The DRA incorrectly ruled that a preferential rent...

Landlord Submitted Sufficient Proof of IAIs Under Prior Rules

May 26, 2017    

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

Rent Reduction for Peeling Paint and Plaster Revoked

April 26, 2017    

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants in 2015 and reduced their rents based on a finding that paint and plaster above the window by the lobby door wasn’t...