LANDLORD WINS

Landlord Proved Individual Apartment Improvements Were Done

June 27, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Landlord submitted proof in the form of invoices and cancelled checks to the...

No Fraud in Connection with Tenant's Overcharge Claim

June 24, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge since the base rent date. Landlord had legally increased the legal regulated rent since the base date and...

Court Order Settled Rent Overcharge Claim Before DHCR Decided Case

June 24, 2016    

Rent-stabilized tenant complaint of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that there was a fraudulent scheme to evade rent regulation and...

No Fraud Found in Connection with Apartment Rent History

June 22, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. The DRA found that the apartment was properly registered at a legal regulated rent of $1,800, and that tenant...

Missing Rent Registrations and Lease Rider Insufficient to Justify Fraud Claim

May 19, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent.  Landlord claimed that tenant owed more than $12,000. Tenant claimed rent overcharge, fraud by landlord, and that landlord was responsible...

Landlord Didn't Know Apartment Was Rent Stabilized Under 421-a

April 25, 2016    

Tenant complained of rent overcharge. She moved into the apartment in March 2009 under an unregulated lease at a monthly rent of $1,100. The building contained fewer than six apartments but was subject to rent...

No Fraud Where Landlord Relied on Form RSC Provision

April 22, 2016    

Tenant in building receiving J-51 tax exemption benefits complained of rent overcharge. The DRA ruled against tenant and dismissed the complaint. The DRA found that the tenant’s $3,200 monthly rent was lawful...

Court Finds No Fraud in Landlord’s Rent Calculation

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent at $3,081 per month. Tenant claimed fraud and willful rent overcharge. The court found no fraud and ruled that the base rent date was May 26, 2011...

Landlord Didn't Waive Right to Collect Rent Set by HPD

March 20, 2016    

Rent-stabilized tenant complained of rent overcharge and that landlord failed to offer her a renewal lease on the same terms and conditions as her expiring lease. The DRA combined tenant’s complaints, found no...

Court Orders DHCR to Reconsider Landlord’s Proof of IAIs

March 18, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $20,650, including interest. Landlord appealed and won, in part. The DHCR found that most of landlord...

Amount of HVAC Service Surcharge Not Regulated Under Rent Stabilization

March 17, 2016    

 

(Decision submitted by Eileen O’Toole of the Manhattan law firm of Borah, Goldstein, Altschuler,...

Landlord Proved Individual Apartment Improvements Warranting Rent Hike

February 22, 2016    

Tenant filed a fair market rent appeal. The DRA ruled against tenant. Since tenant wasn’t the first rent-stabilized tenant after the rent-controlled tenant vacated, the DRA processed the complaint as a rent...