NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Building Was Substantially Rehabbed Under Pre-November 2023 Rules

December 19, 2024    

(Decision submitted by Dawn R. Myers, Esq. of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord applied to the DHCR in March 2023...

DHCR Disallowed Engineer Services Claimed in Connection with Boiler/Burner Installation

November 25, 2024    

Landlord applied to the DHCR for MCI rent hikes based on installation of a boiler/burner. The DRA ruled for landlord in part, granting the MCI rent increase but disallowing the costs for fluorescent light fixtures,...

DHCR Denies Landlord's Reasonable Cost Waiver Request for Water Tank Installation

November 25, 2024    

Landlord applied to the DHCR for MCI rent hikes based on replacement of a water tank at the building. The DRA ruled against landlord, who appealed and lost. Landlord had requested a waiver of the DHCR's...

DHCR Reopens Rent Overcharge Case

November 25, 2024    

Tenant complained to the DHCR in 2020 of rent overcharge and improper deregulation of his apartment. Tenant claimed that landlord had illegally deregulated the apartment before he moved in in 2014 at a monthly rent...

Apartment Was Vacancy-Deregulated in 2009 Based on Gut Renovation

November 25, 2024    

Tenant complained to the DHCR in August 2019 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2009. Tenant appealed and lost....

Triple Damages Revoked in Pre-HSTPA Overcharge Case

November 25, 2024    

Tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $67,000, including triple damages. The overcharge finding was based in part on a rent freeze...

Landlord Proved Apartment Was Lawfully Deregulated in 2010

November 25, 2024    

Tenant complained to the DHCR in 2023 of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the unit had been properly deregulated in 2010 when the legal rent...

Claimed IAI Increase Disallowed Due to Lack of Landlord's Credibility

November 25, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA disallowed rent increases claimed by landlord for individual apartment improvements (IAIs) and found a rent overcharge. Landlord appealed and lost....

Triple Damages Properly Assessed for Overcharge Based on Non-Itemized IAIs

November 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding that landlord failed to sufficiently prove claimed individual apartment improvements (IAIs) and directing landlord...

Total Overcharge Reduced from $20,800 to $1,295 Because DRA Omitted IAI Increase

November 24, 2024    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant, finding that the 2014 base date rent was $1,100, that tenant moved into the unit on Jan. 1, 2016, that landlord was entitled to...

Court Already Ruled There Was No Fraudulent Overcharge by Landlord

November 24, 2024    

Tenant complained to the DHCR in December 2019 of rent overcharge and fraudulent deregulation of his apartment. The DRA ruled for tenant in part, setting the base rent date as June 14, 2019, finding subsequent...

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

November 24, 2024    

Tenant moved into her apartment under a market-rate lease in 2021. In 2023, she filed a rent overcharge complaint with the DHCR, claiming improper deregulation of her unit. The DRA ruled against tenant. The apartment...