LANDLORD WINS

Tenant's Rent Properly Frozen, Then Fully Restored, Since 1991

December 19, 2016    

Tenant complained of rent overcharge. The DRA ruled for tenant and reduced tenant’s base date rent to $875 due to a 1991 rent reduction order. Since a rent restoration order was issued effective September 2013...

Plaster and Painting Costs Properly Included in IAI Rent Increase

December 18, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA incorrectly included $2,000 in approved individual...

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

December 18, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant argued that the apartment’s rent was illegally doubled during a...

No Rent Overcharge After Effective Date of MCI Rent Hike Restored to Prior Date

December 18, 2016    

(Decision submitted by Eileen O’Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

DHCR Abused Its Discretion by Freezing Tenant's Rent Based on 1996 Rent Reduction Orders

November 22, 2016    

(Decision submitted by Santo Golino of the Manhattan law firm of Golino Law Group, PLLC, attorneys for the landlord.)

Tenant Can't Challenge Cost of Pre-Base Date IAIs

October 27, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge since the July 17, 2010, base rent date four years prior to the filing of the complaint.  Tenant appealed...

Housing Court Settlement Agreement Resolved Overcharge Claim

September 29, 2016    

Rent-stabilized tenant complained of rent overcharge. In response, landlord showed that tenant had signed a settlement agreement in a housing court nonpayment case stating that tenant agreed to “settle any and...

DHCR Finds No Indication of Fraud Warranting Review of Old Rents

September 23, 2016    

(Decision submitted by Eileen O’Toole of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Landlord Discontinued Preferential Rent in Accordance with Lease Rider

August 23, 2016    

Rent-stabilized tenant complained of rent overcharge. She claimed that landlord improperly increased her rent upon renewal of her lease. The DRA ruled against tenant, who appealed and lost. Tenant signed a...

Unique and Peculiar Circumstances Support Rent Charged to Tenant

August 23, 2016    

Rent-controlled tenant complained of rent overcharge in 2015. She claimed that she moved into the apartment in 1956 and that landlord was currently collecting rent at $225 per month. Landlord responded that it bought...

Tenant Hadn't Paid Rent During Four Years Before She Filed Overcharge Claim

August 21, 2016    

Landlord sued to evict unregulated, month-to-month tenant. Tenant claimed that she was rent stabilized and that she had been overcharged. Landlord argued that the apartment had been vacancy deregulated before tenant...

Tenant's Fraud Claim Unsupported by Any Proof of Improper Deregulation

July 25, 2016    

Tenant complained of rent overcharge. The DRA found no overcharge since the base rent date and dismissed the complaint. Tenant appealed and lost. Tenant requested a hearing and claimed that landlord engaged in a...