LANDLORD WINS

Renewal Lease Order Didn't Freeze Tenant's Rent

March 24, 2015    

Rent-stabilized tenant complained of rent overcharge. She also complained of fraud, arguing that landlord placed a "dummy" tenant in the apartment in 1992. The DRA found no fraud but ordered a total refund...

Landlord Entitled to Higher Renewal Increase Under RGBO 41

March 24, 2015    

The DHCR's Tenant Protection Unit (TPU) initiated a rent overcharge proceeding against landlord after the issue wasn't resolved before the TPU. Landlord claimed that there was no overcharge. The DRA ruled for...

No Proof of Fraud by Landlord

March 24, 2015    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the prior tenant's monthly rent was $205 and questioned landlord's claim...

Preferential Rent Renewal Not Limited by Guidelines Increases

March 24, 2015    

Tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Since the base rent date, tenant's renewal leases have all contained preferential rent riders and landlord preserved both...

Landlord Proved Prior Vacancy Increases Were Valid

March 19, 2015    

Tenant complained of rent overcharge, claiming that her 2012 rent of $2,008 was more than double the prior tenant's rent. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. On the 2008...

Rent Overcharge Complaint Didn't Claim Overcharge

February 23, 2015    

Rent-stabilized tenant filed a rent overcharge complaint that didn't contain any specific overcharge claim. Instead, tenant complained that landlord hadn't offered him a renewal lease and that his apartment...

First Rent Collected After Vacancy Became Base Rent

February 23, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that his initial rent was illegally calculated and that the apartment wasn't registered...

No Indication of Fraudulent Scheme in Tenant's Rent History

January 26, 2015    

Rent-stabilized tenant complained of rent overcharge in 2013. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that the apartment rent had been illegally increased between...

No Fraud Shown in Apartment Rent History

January 26, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. In her PAR, tenant now claimed that landlord committed fraud before the 2009 base rent date. The DHCR wouldn...

No Proof of Fraud in Rent History

January 26, 2015    

Rent-stabilized tenant complained of rent overcharge in 2013. The DRA ruled against tenant, who appealed and lost. Lease records showed that on the base rent date of July 5, 2009, tenant's legal regulated rent...

Landlord Proves Base Date Rent with Rent Ledgers

January 26, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA found that tenant's base date rent was $935. Tenant claimed that it was...

Landlord Waited Five Years to Collect MCI Rent Hike

January 26, 2015    

Rent-stabilized tenant complained of rent overcharge because landlord didn't start collecting an MCI rent hike until November 2011, five years after the DRA granted the increase. The DRA ruled for tenant, finding...