PROCEDURE-DHCR

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...

Landlord Seeks Ruling on Deregulation Status Through Rent Registration Amendment Application

January 24, 2022    

In August 2014, landlord asked the DHCR to amend annual apartment registrations for 80 units in its building. Landlord claimed that the prior landlord had in recent years incorrectly registered deregulated apartments...

Tenant Can Withdraw Overcharge Complaint to Pursue Matter in Court

October 27, 2021    

Tenant complained to the DHCR of rent overcharge before landlord sued to evict her in 2011. In 2015, the DRA ruled that, in light of the improper deregulation of the apartment and questions concerning the validity of...

Tenant's PAR Dismissed After Second Defective Filing

September 23, 2021    

Landlord applied for MCI rent hikes, and the DRA ruled for landlord. Tenant appealed, but the DHCR rejected tenant's PAR based on procedural defects. The DHCR instructed tenant that he could re-file properly...

Landlords' Appeal of 2014 Rent Stabilization Code Amendments Denied

May 24, 2021    

Landlords and real estate organizations sued the DHCR in 2014 to challenge the agency's adoption of 2014 amendments to the Rent Stabilization Code (2014 Amendments) as unconstitutional. Among other things,...

Tenant Claims She's Rent Controlled, Not Stabilized

April 26, 2021    

Tenant, who claimed she was rent controlled, complained to the DHCR of rent overcharge. The DRA ruled against tenant in April 2019, finding that the apartment was rent stabilized and that there was no overcharge....

Landlord's Appeal of DHCR's Order Was Premature

March 29, 2021    

Unregulated tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, who appealed and won. The DHCR ruled in its PAR decision that the apartment was rent...

Landlord Can't Appeal Non-Final DHCR Order

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in 2018, applying a four-year base date to review of the apartment rent history. Tenant appealed, and claimed that HSTPA, which...

DHCR Won't Rule on Landlord's Application Without Landlord-Tenant Dispute

December 21, 2020    

During March 2018, while an apartment was vacant, landlord made various individual apartment improvements (IAIs) costing $57,000. Under the law in effect when the IAIs were completed, landlord was entitled to add a...