NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent Overcharge of $170,000 Found Under Default Formula

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $169,926, including triple damages and interest. Landlord appealed and lost. Landlord had failed to submit...

Landlord Didn't Waive Right to Collect Retroactive MCI Rent Hike

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,058, including interest. Landlord appealed and won, in part. The overcharge was based on findings of...

No Rent Overcharge Found After Rent Arrears Considered

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,830, including interest. Landlord appealed and won. Landlord pointed out that tenant owed rent for a...

Overcharge Finding Based on 2002 Rent Reduction Order Goes Back Only Four Years

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including interest. The overcharge finding was based on a 2002 rent reduction order that had...

Landlord Couldn't Support 49-Year Longevity Increase Claim

June 23, 2019    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment. The TPU audit found that landlord's claimed IAIs didn't support the 2014 legal...

Landlord Didn't Prove Lease Listed Both Legal Regulated Rent and Preferential Rent

June 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,829, including triple damages. The overcharge finding was based on landlord's failure to prove...

Rent Overcharge for Storage Fee

June 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant because landlord charged tenant a $50 monthly storage fee when the building's initial service registration form included storage in...

Landlord Can Switch from Electrical Inclusion to Exclusion from Rent

June 21, 2019    

Landlord asked the DHCR for permission to convert from rent inclusion to rent exclusion of electricity by installing individual meters in various apartments. The DRA ruled for landlord on condition that landlord wire...

Landlord Can Take Tenant Photographs for Key Card System

June 21, 2019    

Landlord asked the DHCR for permission to modify building services by replacing metal keys used to access building entrances with and electronic key card/key fob entry system. The DRA ruled for landlord.

Landlord's Demolition Application Reopened

June 21, 2019    

Landlord asked the DHCR for permission to terminate the tenancies of five rent-stabilized apartments in order to demolish the building. The DRA ruled against landlord, finding that landlord didn't comply with...

DHCR Approves Replacement of Bell/Buzzer Intercom with Modern System

June 20, 2019    

Landlord asked the DHCR for permission to modify building services by changing a regular bell/buzzer intercom system to a modernized telephone intercom system. The DRA ruled for landlord. Tenant appealed and lost....

DHCR Approved Change of Stove from Gas to Electric

June 20, 2019    

The DRA granted landlord's 2018-2019 Maximum Base Rent (MBR) Order of Eligibility with an effective date of Jan. 1, 2018, because landlord complied with certification requirements for the biennial cycle. Rent-...