Landlord didn't prove building was 85 percent occupied by rent-regulated tenants.

• Position: RENT OVERCHARGE

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Rent-stabilized SRO tenant complained of a rent overcharge after landlord increased her monthly rent from $571 to $596. The DHCR ruled for tenant and ordered landlord to refund $2,350, including triple damages. Landlord filed an Article 78 court appeal and lost. The court found that the DHCR reasonably determined that landlord overcharged tenant and that the agency's triple damages award didn't shock the conscience. NYC Rent Guidelines Board Hotel Order No. 38 authorized a 4.5 percent rent increase as long as rent-stabilized...