PROCEDURE-DHCR

Tenant Excused Twice for Not Answering Deregulation Application

August 13, 2014    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2008. The DRA ruled for landlord based on tenant's failure to answer the DRA's notices. Tenant then...

Landlord's Luxury Deregulation Application Dismissed as Incomplete

July 14, 2014    

Landlord applied in 2012 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord and dismissed the case because it failed to include in its application the...

No Proof PAR Was Mailed Within 35 Days of DRA Order

May 19, 2014    

The DRA denied tenant's complaint claiming a reduction in services. Tenant appealed, but the DHCR dismissed tenant's PAR as untimely. Tenant's PAR was dated April 1, 2013, was mailed to the DHCR via the U...

Landlord's PAR Dismissed as Untimely

May 16, 2014    

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed, but the DHCR rejected landlord's PAR as untimely. The envelope containing the PAR...

Tenant Can't Appeal Rent Overcharge Finding

December 17, 2013    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that landlord hadn't complied with the DRA's order by not fully refunding the overcharge. The DHCR...

Landlord Didn't Send Tenant Copy of Rent Registration

November 14, 2013    

Tenant complained that landlord failed to provide him with a copy of his 2010 DHCR annual apartment registration. The DRA ruled for tenant and ordered landlord to send tenant the registration form. Tenant appealed,...

Tenant Used Wrong Form to File Overcharge Complaint

October 13, 2013    

Rent-stabilized tenant complained to the DHCR that the rent listed in her renewal lease was incorrect and that her rent was incorrectly listed as a preferential rent. Tenant filed her complaint on a DHCR complaint...

Landlord Didn't Send ICF to Both Tenants

October 13, 2013    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein McConnell Gribben Donoghue & Joseph, attorneys for the tenant.)

Tenant's Son Can't File Overcharge Complaint Without Power of Attorney

October 12, 2013    

Rent-stabilized tenant's son complained of a rent overcharge. The DRA ruled against him, finding that he had no standing to file an overcharge complaint. The son appealed and lost. He claimed that he was now the...

Tenant Can Withdraw Rent Overcharge Complaint

September 19, 2013    

Rent-stabilized tenant complained to the DHCR of rent overcharge but later withdrew her complaint. The DRA therefore terminated the proceeding. Landlord appealed and lost. Landlord claimed that, under Rent...

Tenants Claim They Never Received PAR Decision

March 14, 2013    

Landlord asked the DHCR to establish maximum base rents (MBRs) for rent-controlled tenants in its building complex. The DHCR set the rents using the standard MBR formula. Landlord then sought Article 78 judicial...

Landlord's Technical Error Excused

February 7, 2013    

Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA dismissed landlord's application because landlord failed to list tenant's name in Section...