LANDLORD WINS

Appeals Court Finds Rent Overcharge Must Be Recalculated

March 28, 2022    

Tenants sued landlord in 2020 for rent overcharge and improper deregulation. In 2014, prior landlord had registered the apartment with the DHCR as exempt due to high-rent vacancy and based on improvements although...

Landlord Proved IAI Costs

March 23, 2022    

Rent-stabilized tenants complained of rent overcharge in 2017. They questioned a rent increase for individual apartment improvements (IAIs) charged by landlord. The DRA ruled against tenants, who appealed and lost....

Use of Unlicensed Contractor Didn't Bar Rent Hike for IAIs

February 18, 2022    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that the last prior rent before she moved in...

DHCR Provides MBR/MCR History in Response to Tenant's Overcharge Claim

February 18, 2022    

Rent-controlled tenant filed a rent overcharge complaint in 2020. Tenant claimed that landlord charged more than the 2013 Maximum Collectible Rent (MCR) and that landlord turned off the hot water and broke a cabinet...

DHCR Finds No Overcharge and No Indication of Rent Fraud

February 16, 2022    

Rent-stabilized tenant complained in 2018 of rent overcharge. The DRA ruled against tenant, finding no overcharge since the base rent date. The DRA did direct landlord to amend the 2014 apartment registration to...

Appeals Court Reverses Finding of Fraudulent Scheme to Deregulate

February 15, 2022    

Tenant sued landlord in 2011 for improper apartment deregulation and rent overcharge. Landlord had deregulated the apartment even though the building was subject to J-51 tax benefits. Tenant's monthly rent was $9...

No Overcharge Where Landlord Added MCI Increase to Preferential Rent

January 25, 2022    

Rent-stabilized tenant complaint of rent overcharge in 2016. Tenant had lived in the apartment since 1991 and claimed that, at some point, landlord discontinued a preferential rent granted to tenant. Tenant also...

Landlord's Production of Base Date Lease Reduced Overcharge from $102,000 to $600

January 25, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint with the DRA on tenant's behalf after conducting a TPU audit investigation of tenant's apartment. The TPU claimed that the unit...

No Overcharge Where Tenant's Rent Was Never Increased

January 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA found no overcharge and dismissed the complaint in 2021. Tenant appealed and won in part. The DRA erred in setting a four-year base date as March...

No Fraud Found Where Landlord Improperly Deregulated Apartment

January 24, 2022    

Tenant complained of rent overcharge in 2016. The DRA ruled for tenant in part in 2018, and ordered landlord to refund $1,695 in excess security deposit. Tenant appealed and lost. Tenant claimed that her apartment...

Failure to Follow 2009 Roberts Ruling on Deregulation Didn't Constitute Fraud by Landlord

December 22, 2021    

Tenant complained of rent overcharge and improper deregulation in 2016. In 2014, tenant had moved into a building that received J-51 tax benefits between 2005 and 2017, at an initial rent of $3,750. The DRA ruled...

DHCR Substantially Reduces Overcharge Award After Regina Court Sets Calculation Method

December 22, 2021    

Landlord gave new tenants a deregulated lease in 2005 after removing the apartment from rent stabilization in 2003 under the Rent Stabilization Law's vacancy decontrol provisions. At the time, and until 2013, the...