LANDLORD WINS

DHCR Must Reopen Case to Consider Rent History Records

April 25, 2017    

Tenant complained of rent overcharge and claimed that landlord never gave her any leases, never advised her that her $316 rent wasn't the legal regulated rent, and that landlord violated an HPD regulatory...

DHCR Decision Limited to Rent Registration Issue Specifically Raised in Complaint

April 25, 2017    

Tenant complaint of rent overcharge in 2014 and claimed specifically that his apartment hadn’t been registered with the DHCR since 1986. The DRA ruled against tenant, who appealed and lost. Landlord made...

DHCR Considers Additional Proof of IAIs Submitted with Landlord’s PAR

April 25, 2017    

The DHCR’s Tenant Protection Unit (TPU) referred a rent overcharge claim to the DRA after conducting an audit concerning individual apartment improvements (IAIs) made to tenant’s apartment. The DRA...

Landlord Properly Collected Renewal Lease Increases

March 27, 2017    

Tenants complained to the DHCR of rent overcharge in 2012 and claimed that...

Landlord Submitted Sufficient Proof of Individual Apartment Improvements

March 17, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the base date rent was legal and that landlord was entitled to a vacancy increase for...

DHCR Won't Consider Complaint of Tenant Who Already Started Court Case

March 17, 2017    

Tenant complained to the DHCR of rent overcharge, claiming that landlord gave him a nonregulated lease in violation of the Rent Stabilization Law. The DRA dismissed the complaint because tenant already had started a...

Landlord and Tenant Disagree on Whether Rent Was Frozen

March 14, 2017    

Tenant complained of rent overcharge. She claimed that landlord failed to lower her rent in compliance with outstanding rent reduction orders and pointed out that she received DRIE benefits. The DRA ruled for tenant...

Tenant Claimed Only That Apartment Hadn’t Been Registered

February 26, 2017    

Rent-stabilized tenant complained of rent overcharge. Specifically, tenant claimed that there were missing annual apartment registrations. The DRA found that landlord filed 2011 and 2012 registrations in 2012, and...

No Fraud Found Where Apartment Remained Rent Stabilized

February 15, 2017    

Tenants complained of rent overcharge in 2010, and claimed that prior landlord engaged in a fraudulent scheme to deregulate the apartment. The DRA found that the base date rent was the $2,009 rent charged, voided...

Tenant Can't Challenge IAI Rent Hike Collected Before Four-Year Base Date

December 19, 2016    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $4,331. The DRA found that landlord didn’t properly preserve a higher legal regulated rent in all of tenant’s...

DHCR Finds No Reason to Investigate Base Date Rent in J-51 Building

December 19, 2016    

Tenant in a building that started receiving J-51 tax benefits in 2007 complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Because the base date rent...

Four-Year Rule Applied to Tenant's Overcharge Claim

December 19, 2016    

Tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and won in part. Although the DRA found that there was no legal regulated rent higher than the $1,450 “preferential” rent...