PROCEDURE-DHCR

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...

Late PAR Filing Excused Due to Tenant's Medical Condition

June 17, 2015    

Landlord applied for high-rent/high-income deregulation of...

Landlord Must Refile PAR on DHCR Form

May 22, 2015    

Landlord filed a petition for administrative review (PAR) against a DRA...

Former Tenant Can't File DHCR Service Reduction Complaint

May 21, 2015    

Rent-stabilized tenant complained to the DHCR of a reduction in services in her apartment...

TPU Appeals DRA's Finding of No Rent Overcharge

April 21, 2015    

The DHCR's Tenant Protection Unit (TPU) referred a rent overcharge complaint to the DRA after conducting an audit. The DRA ruled against tenant, finding no overcharge. The TPU appealed on behalf of tenant. A...

Landlord Can't Submit Proof of Tenant's Occupancy for First Time with PAR

March 24, 2015    

Landlord applied in 2012 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA sent notice of landlord's application to tenant at the apartment address, but the envelope was...

Tenant's PAR Properly Dismissed as Untimely

March 17, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who then filed a PAR. The DHCR dismissed tenant's PAR as untimely. Tenant then filed an Article 78 court petition claiming that...

Tenant's Representative Not Authorized to File PAR

February 23, 2015    

The DRA ruled against rent-stabilized tenant in rent overcharge and lease violation proceedings concerning tenant's apartment. Tenant filed a PAR to appeal the decision. The DHCR found that the PAR was improper...

Tenant Can't Appeal DHCR Decision After Settling Case in Court

January 23, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord charged two vacancy increases during the same lease period and that landlord...