NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Apartment Vacancy-Deregulated in 2013 Was No Longer Subject to Overcharge Claim

September 19, 2024    

(Decision submitted by Mary D. Milone of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Apartment Became Vacancy-Deregulated in 2010

September 19, 2024    

(Decision submitted by Mary D. Milone of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins and Goidel, P.C., attorneys for the landlord.)

Court Rejects Prior Standard Used to Determine Apartment Deregulation Fraud

August 27, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent owed in the amount of $1,800 per month. Tenant claimed that her apartment was improperly deregulated and that she'd been overcharged. Tenant later...

Tenant Can Commence Noncompliance Proceeding If Landlord Doesn't Follow Court Order

August 26, 2024    

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to provide a fully executed copy of a renewal lease after tenant signed it. In response, landlord submitted a copy...

Triple Damages Properly Assessed in Pre-HSTPA Overcharge Proceeding

August 26, 2024    

Tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $13,025, including triple damages and interest. Among other things, the DRA ruled that landlord and...

Landlord's Failure to Date His Signature on Lease Didn't Invalidate the Renewal

August 26, 2024    

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to give her a fully executed copy of a renewal lease that she had signed. She claimed that she hand-delivered the...

Maximum Collectible Rent Set by DHCR Can't Be Waived

August 26, 2024    

Rent-controlled tenant complained to the DHCR of rent overcharge after receiving a notice of Maximum Collectible Rent (MCR) effective Jan. 1, 2023, indicating that the MCR was $1,529.61. Tenant claimed that she had...

DHCR Won't Consider Lease Records Submitted for the First Time with Tenant's PAR

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant. The base rent date was June 14, 2015, all monthly rent adjustments since the base date had been lawful, and there were...

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.