NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Renewal Lease Offered to Rent-Stabilized Tenant with HPD Section 8 Addendum Was Valid

October 28, 2019    

Rent-stabilized tenant complained that landlord failed to offer her a valid renewal lease. The DRA ruled against tenant, finding that landlord and tenant had executed a valid renewal lease before tenant filed her...

Tenant Who Relocated Within Building at Landlord's Request Remained Rent Stabilized

October 28, 2019    

Tenant complained that landlord refused to offer her a rent-stabilized renewal lease. The DRA ruled for tenant and directed landlord to give tenant a renewal lease. Landlord appealed and lost. In a separate...

Rent Reduction Properly Granted for Cooking Gas Shut-Off

October 28, 2019    

Rent-stabilized tenant complained of a reduction in services because cooking gas wasn't being provided. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord argued that it turned...

Landlord Got DHCR Approval for Intercom Service Modification

October 28, 2019    

Rent-stabilized tenants complained of a reduction in services. The DRA ruled for tenants because landlord had replaced the prior intercom system with a system that caused the intercom to ring through a cell phone or...

Landlord Must Refund Over $147,000 for Rent Overcharge Based on Fraud

October 21, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $147,045, including triple damages and interest. Landlord appealed and lost. Landlord...

Rent Overcharge of Over $179,000 Due to Outstanding Rent Reduction Order

October 21, 2019    

Tenants complained of rent overcharge. The DRA ruled for tenants and found a total overcharge of $179,550 with triple damages and interest. Tenant appealed and lost. Rent Stabilization Code (RSC) Section 2526.1, in...

No Overcharge Where Base Rent Set by HPD After Building's Exit from Mitchell-Lama

October 21, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and won. Landlord showed that the building previously was subject to the Mitchell-Lama program but exited that program in early 2016....

Complaint Dismissed Where No Rent Fraud or Rent Overcharge Found

October 21, 2019    

Yonkers ETPA tenant complained in 2018 of rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that the base date rent was $1,250 per month, paid by prior tenant. The apartment was then...

Roommate of Prior Tenant Was Offered Proper Deregulated Vacancy Lease

October 21, 2019    

Tenant complained in 2016 of rent overcharge and unlawful deregulation of her apartment. The DRA ruled against tenant, who appealed and lost. Tenant moved into the unit in 2020 at a legal regulated rent of $2,249 per...

Rent Reduction Order Froze Rent at Preferential Rent

October 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $357, which had already been refunded through a rent credit. Landlord appealed and lost. The DRA found...

Landlord Didn't Overcharge Former Tenant's Roommate

October 21, 2019    

Apartment tenant complained of rent overcharge. He claimed that he had succession rights and that landlord improperly charged him a vacancy increase instead of a renewal increase when landlord gave him a lease after...

Four-Apartment Building Actually Contained 10 SRO Units

October 21, 2019    

Landlord asked the DHCR for a ruling on whether its building contained fewer than six dwelling units. Landlord submitted a 1988 Certificate of Occupancy from DOB listing the building as having four apartments, a...