NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No MCI Increase Where Fewer Than 35% of Apartments Were Rent Regulated

July 23, 2024    

Landlord applied to the DHCR in 2018 for MCI rent hikes based on installation of new boilers. The DRA ruled against landlord in October 2019 because, effective June 14, 2019, HSTPA had amended the rent laws to...

Landlord Failed to Seek Useful Life Waiver for Exterior Restoration Work

July 23, 2024    

Landlord applied to the DHCR for MCI rent hikes based on pointing and waterproofing and exterior restoration work. The DRA ruled against landlord, finding that an MCI increase had previously been granted in 2001 for...

Landlord Didn't Submit Additional Requested Information to Support MCI Application

July 22, 2024    

Landlord applied for MCI rent hikes in 2019 based on replacement of a courtyard and walkways. The DRA ruled against landlord in 2021 based on landlord's failure to submit additional documentation sought by the...

Landlord Failed to Preserve Legal Regulated Rent and Preferential Rent in Leases

July 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. The DRA ruled for tenant, finding that the overcharge resulted by the landlord waiving its right to charge a higher legal rent when it...

Rent-Controlled Tenants' Daughter Gets Succession Rights After Tenants Switch Apartments

July 22, 2024    

The daughter of rent-controlled tenants complained to the DHCR that landlord refused to offer her a rent-stabilized renewal lease after her parents died and the  prior lease expired on June 30, 2016. Tenant said...

Apartment in Building Under HPD Regulatory Agreement Was Mistakenly Registered with DHCR

July 22, 2024    

Tenant complained to the DHCR that landlord failed to offer her a renewal lease on the same terms and conditions as the expiring lease. The DRA terminated the proceeding, finding it had no jurisdiction because the...

Occupant Claiming to Be Partner of Evicted Tenant Doesn't Get Succession Rights

July 22, 2024    

Apartment occupant filed a lease violation complaint in 2023, claiming succession rights and stating that landlord failed to give her a renewal lease after rent-stabilized tenant was evicted from the apartment....

No Rent Fraud or Rent Overcharge Found

July 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge on July 9, 2019. Tenant had moved into the apartment on Dec. 1, 2002, 17 years earlier. The DRA dismissed tenant's complaint after landlord...

Former Hospital Employee-Occupant Didn't Become Subject to Rent Stabilization Upon Retirement

July 22, 2024    

Tenant sought a ruling from the DHCR that he was subject to rent stabilization. The DRA ruled against tenant, finding that his occupancy was contingent upon his employment with Maimonides Medical Center (MMC) and was...

Rent-Stabilized Tenant's Son Gets Apartment

July 22, 2024    

The son of a deceased rent-stabilized tenant complained to the DHCR that landlord refused to give him a renewal lease after tenant died. The son claimed succession rights to the apartment. The DRA ruled for the son....

PAR Sent by Fed Ex More Than 35 Days after DRO Order Issued Was Dismissed as Untimely

July 22, 2024    

Tenant filed a PAR to appeal a DHCR Rent Administrator's order issued on May 19, 2022. The DHCR dismissed the PAR because it was filed more than two years after the DRA's order was issued. Tenant claimed that...

Landlord Didn't Document Sub Rehab or Show Building Was 80% Vacant Before Work Began

July 22, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation of the building that took place after Dec. 31, 1973. The DRA ruled against landlord...