Landlord who owes tenant $112K loses appeal

Hamilton Heights building owner ignored rent freeze

TRD New York /
Mar.March 24, 2015 12:45 PM

A tenant who was overcharged on his rent-regulated Hamilton Heights apartment for years may now be able to collect $112,000 after state housing officials denied the landlord’s appeal.

In June, the Division of Housing and Community Renewal found that landlord Nevei Bais owed tenant Ramon Hernandez $112,000. Bais was found to have ignored a rent freeze imposed in 1993 on his building at 701 St. Nicholas Avenue in Hamilton Heights, that should have kept the rent on Hernandez’s four-bedroom apartment at $233. Tamrak Management Corp., the building’s management company, claimed it should not be held responsible.

Hernandez paid $1,300 beginning in 2006 when he moved in, DNAinfo reported.

The appellate panel denied Bais’ argument that he should not be held responsible because the rent was frozen before he bought the building, finding it was not supported by the facts.

The rent was frozen when the tenant at the time, who was not Hernandez, complained about building conditions. While it could have been unfrozen, the repairs were never made, according to the Division of Housing and Community Renewal.

“Despite having knowledge of the rent reduction order in 1993, the petitioner took no action over the next 20 years to adjust the rent in accordance with the order and did not file an application to restore the rent until 2013,” according to the order issued Wednesday.

Hernandez is currently traveling in the Dominican Republic and it is unclear if he knows about the court victory. [DNAinfo] — Tess Hofmann

 

Related Articles

arrow_forward_ios

NYCHA chair Olatoye calls lack of policy guidance from Ben Carson “almost unconscionable”

Brooklyn pols request probe into “troubling history” of Two Trees’ 125 Court

Cuomo cracks down on landlords leaving tenants out in cold

If it’s broke, make sure they don’t fix it: State agency blasted over “weak” NYCHA oversight

Comptroller blames state for affordable housing delays

Bronx rental tenants balk at allegedly illegal fees

State’s pro-tenant task force draws landlord ire

Placeholder image

Three years after their building was demolished, rent-regulated tenants fight for compensation

arrow_forward_ios