LANDLORD WINS

Landlord Can Increase Rent-Controlled Tenant's Rent for Painting

February 17, 2016    

Landlord applied to the DHCR for a rent increase after painting a rent-controlled tenant’s apartment. The DRA ruled for landlord and increased tenant’s rent by $12.50. Tenant appealed and lost. Tenant...

No Fraud by Landlord Who Treated Apartment as Deregulated Under DHCR Policy

December 18, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA found an overcharge of $15,790. But since tenant owed $49,600 in back rent, the overcharge was offset against the arrears and there was no refund due to...

No Overcharge for Tenant in Improperly Deregulated Apartment

October 22, 2015    

Tenant complained of rent overcharge in June 2009. She moved into the apartment in June 2005 under a non-regulated lease. The legal rent was $2,000 per month and tenant paid a preferential rent of $1,600. The...

No Overcharge When MCI Increases Included in Calculation of Rent History

October 19, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,790, including interest. The overcharge finding was determined by calculating lawful rent increases...

No Rent Overcharge to Tenant in J-51 Building

October 19, 2015    

Tenant complained of rent overcharge in 2014. Landlord gave tenant an unregulated lease when he moved into the apartment in 2003. But tenant claimed that he was rent stabilized because the building was receiving J-51...

No Overcharge Where Landlord Charged Tenant for Heat and Hot Water

October 18, 2015    

Rent-stabilized tenant complained of rent overcharge. She claimed that landlord hadn’t registered her apartment and that she paid for heat and hot water. The DRA ruled against tenant, finding no overcharge....

Landlord Proved Cost of Individual Apartment Improvements

September 23, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,372, including interest. Landlord appealed and won. The DHCR added a rent increase for individual...

DHCR Won't Rule on Overcharge Claim Based on Late Fees

September 22, 2015    

Rent-stabilized tenant complained of rent overcharge based on certain fees that landlord added to tenant’s rent for bounced checks, late rent payment fees, and legal fees. The DRA found no overcharge, and...

Four-Year Rule Bars Tenant’s Claim

August 24, 2015    

Rent-stabilized tenant filed a specific rent overcharge complaint, claiming that landlord collected an illegal washing machine surcharge. Tenant claimed that she had the washing machine when she first moved into the...

Landlord Can Increase Preferential Rent Upon Lease Renewal

August 24, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant’s lease provided for a preferential rent. Upon lease renewal,...

Apartment Was Vacant on Base Rent Date

June 25, 2015    

Tenant filed rent overcharge and lease violation complaints with the DHCR in 2012. Tenant claimed that the apartment was rent stabilized and that the last registered rent in 2007 was $1,100 per month. The DRA found...

Tenant Can’t Challenge A/C Surcharge

June 17, 2015    

Rent-stabilized tenant filed a specific rent overcharge...