NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Overcharged Rent-Controlled Tenant

March 24, 2025    

Rent-controlled tenant complained to the DHCR in 2022 of rent overcharge. She claimed that there were improper Maximum Base Rent (MBR) calculations in the apartment's rent history since 1960. Landlord claimed...

Base Date Rent Set by Default Formula Because No Lease or Ledger Submitted

March 24, 2025    

Rent-stabilized tenant complained of rent overcharge in 2023. The DRA ruled for tenant and ordered landlord to refund $8,144, including triple damages and interest. Because landlord failed to submit a lease and/or...

Rent-Stabilized Tenant's Son Fails to Prove Succession Rights

March 24, 2025    

An apartment occupant filed a lease violation complaint with the DHCR. He claimed that he was the son of the rent-stabilized tenant of record, that tenant moved into the unit in 1979, that he was born there in 1986...

DHCR Won't Apply HSTPA Provisions to MCI Application Decided before June 14, 2019

February 25, 2025    

Landlord applied for MCI rent hikes based on elevator upgrading. The DHCR ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord filed its application more than two years after completion of the...

Tenant's Preferential Rent Must Remain in Place Upon Lease Renewal

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

On-Time Rent Clause Reduced Claimed Preferential Rent to Legal Regulated Rent

February 25, 2025    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $15,873, including triple damages. Landlord appealed and lost. The DRA had properly...

Small Rent Overpayment by ERAP Must Be Refunded to OTDA

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $9,943, including triple damages and interest. The DRA noted that, after a partial refund already granted...

New Landlord Responsible for Willful Rent Overcharge Based on Prior Rent Reduction Order

February 25, 2025    

Rent-stabilized tenant complained to the DHCR on June 25, 2019, of rent overcharge. The DRA ruled for tenant and ordered a refund of $50,869, including triple damages, for overcharges occurring between 2015 and 2023...

Tenant Who Requested Move to Deregulated Apartment Was No Longer Rent Stabilized

February 25, 2025    

A Bronxville tenant complained to the DHCR of rent overcharge. She lived in a rent-stabilized apartment in landlord's building, and later moved into a different, unregulated apartment in the same building. Tenant...

Legal Rent When Tenant Changed Units Remained Rent Collected for First Unit

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,170, including triple damages. Tenant appealed and won. Tenant argued that the actual overcharge was...

Interest Revoked on Portion of Rent Overcharge Refunded Before DHCR Ruling Issued

February 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding that landlord collected $3,500 per month for 18 months when the legal rent was $2,903. The DRA directed landlord to...

Default Formula Applied to Set Base Date Rent Where No Rent History Records Supplied

February 24, 2025    

In 2017, the DHCR's Rent Administrator opened a rent overcharge proceeding upon referral from the agency's Tenant Protection Unit (TPU). In June 2021, the DRA requested from landlord complete rent history...