NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Waived Vacancy Increase by Charging Lower Rent

December 17, 2019    

Tenant complained of rent overcharge. Landlord claimed that the apartment was deregulated. The DRA ruled for tenant. Landlord appealed and lost. Tenant moved into the apartment on Feb. 1, 2015, at a monthly rent of $...

Landlord Can't Collect Fuel Cost Adjustment from Rent-Controlled Tenant

December 17, 2019    

Rent-controlled tenant challenged landlord's report and certification of a fuel-cost adjustment (FCA). She claimed that there were a lot of errors in landlord's report. The DRA ruled against tenant, who...

No Substantial Rehab Proved Without New C of O

December 17, 2019    

Landlord asked the DHCR to rule on whether its building was exempt from rent stabilization. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974, by work done in 2015-2016. The DRA...

Landlord Waited Too Long to Collect Retroactive Rent Increases

December 17, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord had waived its right to collect retroactive rent increases under Rent Guideline Board Orders 40 and 41, authorized...

No Overcharge Where Initial Rent-Stabilized Rent Not Challenged Within Four Years

December 17, 2019    

(Decision submitted by attorney Elizabeth Lentini, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Garage Overcharges Based on Default Formula Included Triple Damages

December 17, 2019    

Rent-stabilized tenants complained of rent overcharge in connection with building parking charges. The DRA ruled for tenants after landlord failed to answer the complaint and directed landlord to refund $18,000 for a...

Building Was Part of Horizontal Multiple Dwelling

December 17, 2019    

Tenant complained of rent overcharge. Landlord argued that tenant wasn't subject to rent stabilization, based on the DHCR's separate 1996 order finding that the building had four apartments and therefore wasn...

Landlord Not Required to Install Smoke or CO Detectors in Hallways

December 16, 2019    

Landlord asked the DHCR for permission to modify building services by eliminating a requirement that smoke and carbon monoxide detectors be installed in the building's hallways. The DRA ruled against landlord...

Landlord Can Convert from Gas to Electric Heating

December 16, 2019    

Landlord asked the DHCR for permission to substitute electric heating and cooking service for gas heating and cooking service at the building. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that...

Landlord Can Replace Gas Stoves with Electric Stoves

December 16, 2019    

Landlord asked the DHCR for permission to modify building services by converting cooking service from gas to electric and to replace gas stoves with electric stoves. The DRA ruled for landlord, without any change to...

Tenant's Complaint About Doorman Was Unrelated to Key Fob Installation

December 16, 2019    

Landlord asked for DHCR approval to modify building-wide services by installing a key fob on the building foyer door. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the DRA's decision...

Landlord Waited Too Long to Claim Rent-Stabilized Apartment Was Rent Controlled

December 16, 2019    

Westchester County landlord asked the DHCR to determine that tenant's apartment was rent controlled rather than rent stabilized. The DRA ruled against landlord, who appealed and lost. Landlord claimed that the...