NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can Raise Rent-Controlled Tenant's Rent for First-Time Painting

July 22, 2019    

Landlord applied to the DHCR for a rent increase after it painted rent-controlled tenant's apartment. The DRA ruled for landlord and increased tenant's maximum collectible rent (MCR) by $254.30 per month....

Rent Reduction Ordered for Reduced Hot Water Based on HPD Violations

July 22, 2019    

Rent-stabilized tenant complained in March 2018 of a reduction in services based on inadequate heat and hot water. Landlord answered in April 2018 and claimed that the condition was corrected on the same day that HPD...

Interest Applies to Rent Overcharge Finding, Even If Overcharge Not Willful

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,125, including interest. The rent overcharge was based on prior rent reduction orders that froze...

Rent-Stabilized Apartment Was Improperly Deregulated

July 22, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, finding that the apartment was rent stabilized and ordering landlord to refund a total overcharge of $827, including...

Fair Market Rent Appeal Was Untimely

July 22, 2019    

Tenant filed a fair market rent appeal (FMRA), challenging the first apartment rent after rent control. The DRA dismissed the complaint as untimely. Tenant appealed and lost. Under Rent Stabilization Code Section...

DHCR Must Reconsider Whether Apartment Was Deregulated

July 22, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $6,352, including interest. Landlord and tenant both appealed, and the DHCR reopened...

Rent Reduction Order Froze Collectible Rent at Preferential Rent

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,880, including triple damages. Landlord appealed and lost. Landlord argued that the DRA applied the...

Landlord Must Refund Overcharge to Complaining Tenant Where Co-Tenant Made No Claim

July 22, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $17,981, including triple damages. Landlord appealed and lost. Among other things, landlord argued that the complaining...

DHCR Set First Rent for Former Professional Unit Using Comparability Data

July 22, 2019    

Tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant and ordered landlord to refund $35,392, including interest. The DRA found that since the apartment had no rent...

Rent-Stabilized Lease Provision for "On-Time Discount" Was Void

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,021, including triple damages. Landlord appealed and lost. The DHCR found that the DRA correctly...

Landlord Submitted Sufficient Proof of IAIs

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,667, including interest. Tenant appealed, claiming that the overcharge was greater. Tenant contested...

No Timely Fair Market Rent Appeal Filed to Challenge Decontrolled Rent

July 22, 2019    

Tenant complained of rent overcharge and improper deregulation of his apartment. Tenant paid $2,300 per month when he moved into the apartment in 2013. The DRA ruled against tenant, who appealed and lost. The...