NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Legal Rent Set at Amount of Preferential Rent Where Higher Rent Not Preserved in Records

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and set the legal regulated rent at $1,556 per month. Landlord appealed and lost. Landlord claimed that the amount of $1,556...

Landlord Proved Apartment Was High-Rent Vacancy Deregulated Before 2019

August 26, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DRA ruled against tenant, finding that landlord showed it had a right to deregulate the apartment when the rent level...

Tenant Didn't Prove Landlord Waived Appliance Surcharges

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge based on claimed improper air conditioner and washing machine surcharge fees collected by landlord. The DRA ruled against tenant because tenant...

Landlord Not Required to Maintain IAI Records for More Than Four Years for 2017 Overcharge Claim

August 26, 2024    

Tenant complained to the DHCR in 2017 of improper apartment deregulation and rent overcharge. The DRA ruled for tenant and directed landlord to refund $19,800, including triple damages.

Tenant Who Transferred Apartments at Landlord's Request Was Entitled to Rent-Stabilized Lease

August 26, 2024    

Tenant complained to the DHCR that landlord refused to give her a rent-stabilized renewal lease for Apt. 3FW at the building. The DRA ruled against tenant, finding that tenant's apartment number was 3RW and that...

Building Converted from 6 to 5 Apartments After 1974 Remained Rent Stabilized

August 26, 2024    

Tenant claimed that he was rent stabilized and asked the DHCR to make a ruling on the building's rent-regulatory status. The DRA found that the building was rent stabilized.

Tenant's Building Was Part of Horizontal Multiple Dwelling

August 26, 2024    

Tenant complained to the DHCR that landlord failed to offer him a rent-stabilized renewal lease. Landlord claimed that tenant's building contained fewer than six apartments and therefore wasn't subject to...

Proof of IAIs for Bathroom Replacement Proved No Rent Overcharge

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including interest and triple damages. Landlord appealed, claiming that the DRA failed to...

No Overcharge Owed to Tenant Whose Rent Arrears Exceeded Any Refund Due

August 26, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding some overcharge but also finding that rent arrears were more than the $5,117 overcharge found. So landlord owed no refund to...

Successor Tenant Entitled to Overcharges Only Since Date His Lease Commenced

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in May 2018, and pointed out that the DHCR had issued a rent reduction order in 2008. That order reduced the apartment rent to $1 per month. Tenant had...

Landlord Can Collect MCI Rent Hike Effective Before Date of Rent Reduction Order

July 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and, after finding that landlord already had given tenant a rent credit in December 2023 for $1,802, directed landlord to...

Landlord Didn't Respond to DHCR's Request for Hazardous Violation Clearance Information

July 23, 2024    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, based on landlord's failure to submit information required for the processing of its application....