LANDLORD WINS

Landlord Not Responsible for Rent Overcharge Refund

November 20, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered a refund of $13,000, including triple damages. New landlord appealed and won. New landlord bought the building under a deed...

No Evidence of Fraud by Landlord

October 17, 2014    

Rent-stabilized tenant complained of rent overcharge and claimed fraud by landlord. The DRA found no fraud and found a total overcharge of only $348. Tenant appealed and lost. Tenant claimed that landlord...

DHCR Finds No Fraud in Overcharge Case

October 16, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $8,328, including triple damages. No refund was ordered because landlord had already given tenant a rent...

No Overcharge After Landlord Complies with TPU Audit

October 16, 2014    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant Bound by Terms of Prior Settlement of Garage Rent Issue

September 26, 2014    

Rent-stabilized tenant complained of rent overcharge in connection with her garage space. The DRA ruled against tenant, who appealed and lost. In 2006, landlord had asked the DHCR to adjust the legal regulated garage...

Con Ed Records Proved Apartment Was Vacant on Base Date

September 26, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant pointed out that the DRA had sent landlord a final notice of imposition of triple damages, which...

Missing Lease Proves Base Date Rent

September 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 court appeal, and the case was sent back to the DHCR for reconsideration. The DRA then ruled for tenant...

Landlord Can Collect $60 Renewal Increase Under RGBO 41

September 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord wasn't entitled to collect the $60 monthly rent increase set under Rent Guidelines Board Order (RGBO) No. 41...

Tenant Wasn't Party to Rent Freeze Order

September 23, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRO ruled against tenant, who appealed and won. The DHCR ordered landlord to refund $6,080, including triple damages. Tenant sought reconsideration of the...

Landlord Submitted Sufficient Proof of Apartment Improvements

July 14, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant objected to the rent increase granted for individual apartment improvements made by landlord before...

DHCR Inspection Finds No Lead Paint Dust in Apartment

June 16, 2014    

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent to $1 per month because landlord had failed to provide for the safe removal and containment of lead paint contamination...

Late Registration Didn’t Matter Where Lawful Rent Collected

June 15, 2014    
Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant argued for penalties based on landlord’s late filing of improper rent registration statements...