NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Painting of New Garage Disallowed from Approved MCI Costs

July 16, 2019    

The DRA partially granted landlord's MCI rent increase application for installation of a garage roof and related costs for the underground garage roof and surface parking lot. Landlord appealed and claimed, among...

Landlord Can Collect MCI Rent Increase While Building Gets J-51 Tax Benefits

July 16, 2019    

Landlord applied for MCI rent hikes based on installation of a new intercom system. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the MCI was completed while the building received J-51 tax...

No MCI Increase for One Rent-Stabilized Apartment in Substantially Rehabbed Building

July 16, 2019    

Landlord applied for MCI rent hikes based on installation of a boiler, windows, intercom, mailboxes, chimney, cornice, new roof, pointing, re-piping, sewer line, and painting/iron works. The DRA ruled against...

Deregulation Application for 2016 Denied Based on Ruling that Denied 2015 Application

July 16, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. The DRA ruled against landlord because landlord's 2015 luxury deregulation application for the same...

Rent-Controlled Apartment Not Subject to Luxury Deregulation After J-51 Benefits Expired

July 16, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment in 2011. The DRA dismissed landlord's application, finding that the building was receiving J-51 tax benefits at...

Tenant Complains First-Floor Medical Office Buzzed in Visitors Without Screening

June 24, 2019    

Rent-stabilized tenant complained of a reduction in building-wide services. Tenant claimed that a downstairs commercial medical office tenant treated the front entrance door as a private vestibule and gave entrance...

Tenant's Failure to Answer Deregulation Application Excused

June 24, 2019    

Landlord filed an application for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice to...

Tenant Overcharged for Ancillary Parking Space

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking space. The DRA found that landlord charged tenant the proper parking tax at a 10 percent rate on the March 2013 base rent date. And...

Triple Damages Applied to Overcharge Based on Disallowed IAI Costs

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $24,000, including triple damages and after deducting refunds already made. Landlord appealed, claiming...

Overcharge Resulted from Charging 1/40th IAI Rent Increase, Instead of 1/60th

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,430, including interest. Tenant appealed and lost. In response to the overcharge complaint, landlord...

Base Date Rent Set by Default Formula

June 23, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and set the base date rent by using the default formula. Landlord appealed and lost. Landlord claimed that the apartment was reconfigured into a duplex...

DHCR Inspection Showed None of the Claimed IAIs Were Done

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $138,204, including triple damages and interest. Landlord appealed and lost. Among other things, landlord...