PROCEDURE-DHCR

Can Landlord Withdraw Building from the Rental Market?

January 29, 2023    

Landlord asked the DHCR for permission to terminate the tenancy of the building's last rent-stabilized tenant in order to convert the entire building into a commercial premises to be used by a business that...

DHCR Improperly Decided Overcharge Issue in AD Proceeding for Regulatory Status Determination

December 19, 2022    

Tenant asked the DHCR for an administrative determination (AD) that his apartment was rent stabilized and to set the legal rent. Tenant claimed that he moved into the unit in 2008 and that landlord had fraudulently...

Landlord Can't Seek DHCR Ruling on Rent Regulatory Status of Vacant Apartment

December 19, 2022    

Tenants who moved into an apartment in June 2014 filed a DHCR service reduction complaint in 2017. The DRA ruled for tenants in 2018. Landlord filed a PAR of that order, claiming that the apartment was unregulated....

Overcharge Issue Shouldn't Be Decided in AD Proceeding on Rent Stabilization Status

December 19, 2022    

In 2016, tenant asked the DHCR to make an administrative determination that his apartment was subject to rent stabilization. Tenant also asked the DHCR to determine the "correct legal rent." In response,...

DHCR Withdrew Proceeding Based on Claims Raised in Landlord's Housing Court Proceeding

August 22, 2022    

In June 2015, tenant filed a service reduction complaint with the DHCR but the DRA terminated the proceeding after tenant withdrew the complaint in January 2016. Tenant filed another service reduction complaint in...

DHCR Dismisses Ruling Request by Tenant with Issues Before DHCR in Other Proceedings

June 14, 2022    

Tenant asked the DHCR in January 2020 for an administrative determination regarding tenant's rent-regulated status and his apartment's legal rent. Landlord claimed that the building wasn't rent stabilized...

Landlord Can't Amend Rent Registration to "Temporarily Exempt"

May 17, 2022    

Landlord asked the DHCR in 2021 for permission to amend an apartment's annual rent registrations for the years 2015 through 2019. The apartment had been registered as rent stabilized, but landlord claimed that it...

Late Filing of PAR Not Excused by Tenant's COVID Infection

March 29, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who then filed a PAR to appeal. The DHCR rejected tenant's PAR as untimely. Tenant acknowledged with her filing that the PAR was...

Overcharge Case Reopened Because DRA Issued Order After Tenant Asked for More Time to Submit Info

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and got the case reopened for further consideration. The tenant had appealed a prior order issued by the DRA in the...

Tenant Didn't Properly Refile Rejected PAR

February 18, 2022    

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) to appeal the DRA's order granting landlord's application for MCI rent hikes. The DHCR rejected the PAR for procedural defects and...

Tenant's PAR Dismissed Based on Procedural Defects

February 18, 2022    

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) of the DRA's order granting landlord's MCI rent increase application. The DHCR rejected the PAR for procedural defects and advised...

Landlord's Lawsuit Against DHCR for Post-HSTPA IAI Policy Change Dismissed

February 14, 2022    

Landlord sued the DHCR, claiming that the agency's post-HSTPA policies and procedures concerning individual apartment improvement (IAI) rent increases were improper. After HSTPA was enacted, landlords were...