PROCEDURE-DHCR

Landlord's Request to Amend Rent Registration Denied

July 25, 2016    

Landlord filed an application to amend the annual 2010 apartment registration for an apartment that was incorrectly registered as vacant with an incorrect legal regulated rent amount. Landlord claimed that the...

Tenant's Refiled PAR Dismissed for Procedural Defects

June 24, 2016    

Landlord applied for MCI rent hikes. The DRA ruled for landlord. Tenant appealed, but the DHCR rejected tenant’s PAR for procedural defects. The DHCR instructed tenant to refile the PAR within 35 days and to...

Landlord Can Seek Ruling on Apartment’s Rent Stabilization Status

April 25, 2016    

Tenant complained of a reduction in services, claiming that she was forced to vacate his apartment involuntarily. Landlord didn’t answer the complaint. The DRO ruled for tenant and reduced her rent to $1 per...

Tenant Can File Separate Rent Overcharge Complaint

February 22, 2016    

Rent-stabilized tenant complained that landlord failed to renew her lease. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease. Tenant appealed and lost. Tenant pointed out that he raised...

Tenant Agreed to Withdraw DHCR Complaint

December 18, 2015    

 

(Decision submitted by David B. Cabrera, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins...

Tenant Wasn't Party to Landlord's Article 78 Proceeding

November 23, 2015    

The DRA set tenant’s maximum collectible rent (MCR) based on building data for 2006-2007. Landlord appealed and lost. Landlord then filed an Article 78 court appeal, challenging the DHCR’s decision. The...

Landlord Can't Change Tenant Name on Annual Registrations

October 19, 2015    

Current landlord asked the DHCR to amend annual apartment registrations for tenant’s apartment for the years 2005 through 2010. Landlord claimed that those registrations incorrectly listed the tenant’s...

TPU and DRA Calculate Rent Overcharge Differently

September 23, 2015    

The DHCR’s Tenant Protection Unit (TPU) conducted an Individual Apartment Improvement (IAI) audit for tenant’s apartment after reviewing rent registration records. TPU required landlord to submit proof...

Jury Trial Waiver Inapplicable

August 24, 2015    

Landlord sued to evict tenant for unlawful conduct based on drug activity. Tenant demanded a jury trial. Landlord argued that tenant’s lease contained a jury waiver clause. But landlord didn’t base its...

Landlord Can't Amend Rent Registration

August 24, 2015    

Landlord asked the DHCR for permission to amend the annual 2012 rent registration for a first-floor apartment in his building. Landlord had registered the rent as $1,350 but said this was a mistake. Landlord said the...

TPU Can Start Investigation Leading to Rent Overcharge Proceeding

June 25, 2015    

The DHCR’s Tenant...

DHCR Decision Revoked Because Parties Settled in Court

June 22, 2015    

Tenant complained that landlord refused to offer him a rent-stabilized renewal lease. Landlord claimed that the building wasn’t rent stabilized, because it contained five apartments and a store but didn’t...