PROCEDURE-DHCR

DHCR Won't Decide Application to Amend Registrations While Overcharge Complaint Pending

October 26, 2016    

Landlord applied to the DHCR to amend apartment rent registrations for 2012 through 2015 based on errors made during the original filing.The DRA terminated the proceeding because tenant’s rent overcharge...

PAR Filed by Unauthorized Tenant Representative Dismissed

September 23, 2016    

(Decision submitted by Elizabeth Lentini of the Manhattan law firm of Borah, Goldstein...

Landlord Can't Amend Prior Year's Rent Registration to Change Apartment Status

July 26, 2016    

Landlord asked the DHCR in September 2014 for permission to amend a 2013 apartment registration. Landlord claimed that the apartment was incorrectly registered as rent stabilized and should be changed to permanently...

Landlord Can't Amend Rent Registrations Where Tenant Disputes Proposed Changes

July 25, 2016    

Landlord asked the DHCR for permission to amend its 2012-2014 apartment registrations for tenant’s apartment. The DRA ruled against landlord, who appealed and lost. Landlord sought to lower the registered legal...

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...