NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Repeal of Fuel Cost Adjustments by HSTPA Is Effective as of June 14, 2019

January 28, 2020    

Rent-controlled tenant complained of rent overcharge. The DRA ruled against tenant, based on a 2017 order deciding tenant's prior overcharge complaint. That DRA order calculated tenant's legal rent up to July...

Tenant Can Withdraw DHCR Complaint and File Claim in State Court Instead

January 28, 2020    

Rent-stabilized tenant complained to the DHCR of rent overcharge. Later, in March 2019, tenant's attorney wrote to the DRA and stated that tenant wished to withdraw his complaint because he wanted to file an...

DRA Mistakenly Ruled That Apartment Was Deregulated

January 28, 2020    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA found that the apartment's legal rent on April 27, 2011, was over the monthly deregulation threshold of $2,000...

Tenant Can Withdraw Pending Overcharge Claim Without Notice to Landlord

January 28, 2020    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA later terminated and dismissed the proceeding based on a withdrawal letter submitted by tenant's attorney. Tenant's attorney advised...

DHCR Won't Consider Settlement Agreement Tenant Didn't Send to DRA

January 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a rent overcharge of $15,357. But, since tenant hadn't paid rent from March 2015 to May 2016, the overcharge was offset by...

Pending Rent Overcharge Appeal Now Subject to Six-Year Base Date

January 28, 2020    

Tenant complained of rent overcharge. After some prior determination and PAR remand order, the DRA ruled against tenant in January 2019. The DRA found that landlord proved the installation of individual apartment...

On-Time Rent Payment Discount Was Unlawful

January 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced tenant's rent. Tenant's lease provided for a substantial rent discount every month as long as tenant paid rent...

Two Family Members Can't Get Succession Rights at Same Time

January 28, 2020    

The wife of a deceased rent-stabilized tenant claimed succession rights and complained to the DHCR that landlord refused to give her a renewal lease. The DRA ruled for the wife and directed landlord to offer a rent-...

Lease Nonrenewal Case Reopened Based on Law Office Failure

January 28, 2020    

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled for tenant after landlord failed to answer the complaint, and ordered landlord to offer tenant a one- or two-year...

Actual Base Date Rent Was Legal Rent

January 28, 2020    

Tenant complained of rent overcharge and lease violations, claiming that her apartment was unlawfully deregulated. The DRA ruled for tenant, finding a rent overcharge of $4,200 including triple damages. The DRA also...

Landlord Can Replace Gas Stoves with Electric Stoves

January 28, 2020    

Landlord asked the DHCR for permission to modify services at a rent-stabilized building by replacing gas stoves with electric ovens and stovetops. The DRA granted landlord's application. Tenants appealed and lost...

No Proof of Unique or Peculiar Circumstances Warranting Rent Hike

January 28, 2020    

New landlord asked the DHCR for permission to increase rents of five rent-controlled apartments in a building based on unique and peculiar circumstances. Landlord pointed out that: (a) a 1983 CAB expulsion order had...