If you’re a landlord being sued for rent overcharge and you’ve spent a significant amount of money renovating the apartment you better be able to prove that you spent enough on those improvements to justify a rent increase. If you can’t prove the amount you invested ...
Category: Rent Overcharge
October 27, 2015Joshua C. Price
The Price Law Firm LLC prevailed in a recent appeal before the Appellate Term, First Department, determining that a tenant’s apartment was subject to rent stabilization and winning a remand to determine the amount of the tenant’s rent and the amount of the overcharge ...
October 15, 2014Joshua C. Price
For the first time in quite a while an appellate court has reigned in a tenant’s ability to prevail in an overcharge case and has decided a four-year statute of limitations case in the landlord’s favor. In the Matter of Kelley So. Boyd v. DHCR...
July 23, 2014Joshua C. Price
A recent decision of the Appellate Division, First Department has reiterated the long-standing rule that when a landlord overcharges a tenant that the tenant will be entitled to an award of treble damages unless the landlord ...
June 25, 2014Joshua C. Price
A recent decision of the Appellate Division has emphasized the burden a landlord faces when confronted with a rent overcharge claim. In the case of Chekowsky v. Windemere Owners, LLC, 2014 N.Y. Slip Op. 01139 (1st Dept. 2014) a ...
February 27, 2014Joshua C. Price
Practicing in the field of landlord-tenant law is unique in that the losing party will often have to pay the prevailing party an award of its reasonable legal fees. In England there is a rule (called the English Rule) that provides that the losing party to ...
January 24, 2014Joshua C. Price
In light of the landmark Roberts decision (a case that held that owners who had received J51 tax benefits from the City of New York and then subsequently deregulated rent stabilized apartments were liable ...
December 20, 2013Joshua C. Price