NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord's Useful Life Waiver Request Didn't Convince DHCR to Grant MCI Increase

March 28, 2025    

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled against landlord, finding that an MCI increase was previously granted for an elevator upgrade and that the useful life of the prior MCI...

DHCR Reverses Service Inspection Finding and Reduces Tenant's Rent

March 28, 2025    

Rent-stabilized tenant complained in 2022 of a reduction in services based on a vermin condition in the apartment. The DRA ruled against tenant, who appealed and won. Tenant claimed that the DHCR's inspection of...

Triple Damages Applied to Post-HSTPA Overcharge Despite Refund Made While Complaint Pending

March 28, 2025    

Rent-stabilized tenant complained to the DHCR about rent overcharge in 2020. She claimed that her rent had been frozen pursuant to a previously issued DHCR rent reduction order. The DRA ruled for tenant, finding...

MCI Application Reopened Based on Questions About Hazardous Violation Clearance

March 28, 2025    

Landlord applied to the DHCR for MCI rent hikes. The DRA ruled for landlord based on installation of a new boiler/burner. The building's tenant association appealed, and the case was reopened. Tenants claimed...

MCI Application Denied Based on Missing Annual Rent Registrations

March 28, 2025    

Landlord applied to the DHCR for rent increases based on installation of major capital improvements (MCIs) consisting of new flooring, boiler/burner, lobby doors and intercom. The DRA ruled against landlord because...

Court Mistakenly Awarded Tenant Quadruple Damages for Rent Overcharge

March 27, 2025    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. The trial court ruled for tenant and directed landlord to refund $169,000 including triple damages.

Rent Overcharge Properly Determined Using Default Method

March 24, 2025    

Tenant complained to the DHCR in October 2019 of rent overcharge and improper apartment deregulation. Landlord claimed that the apartment was vacancy deregulated in 2014, before tenant moved into the unit in 2017....

No Rent Overcharge Occurred While Tenant Was Building Super and Paid No Rent

March 24, 2025    

Tenant complained to the DHCR in 2016 of rent overcharge. He claimed that he moved into the apartment in 1984, was rent stabilized until 2003 when he became the building superintendent, then paid no rent and had no...

No Waiver Under HSTPA of Triple Damages for De Minimis Overcharge

March 24, 2025    

Tenant complained to the DHCR of rent overcharge, claiming that she moved into the apartment in 1999, that her current share of her subsidized rent was $199 per month, and that landlord was improperly charging her...

Tenant's Overcharge Claim Was Resolved in Prior Court Proceeding

March 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. In response, landlord showed that tenant had raised these claims in a prior nonpayment proceeding that landlord had commenced...

DHCR Properly Applied Rent Payments to Calculate Total Overcharge

March 24, 2025    

Tenant complained to the DHCR in 2020 of rent overcharge based on rent reduction orders, illegal fees/surcharges, and missing apartment registrations. The DRA ruled for tenant and directed a total refund of $4,632,...

No Rent Overcharge Found Despite Outstanding Rent Reduction Order

March 24, 2025    

Rent-stabilized tenant complained in December 2019 to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $1,478, including triple damages, for the period...