NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant Can't Prove Dog Was Emotional Support Animal

May 24, 2019    

Landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. Tenant claimed that landlord's objection to the dog was untimely, and that the dog was an emotional support animal that...

Rent Frozen Until Landlord Files Missing Annual Rent Registrations

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $17,560, including triple damages. Landlord appealed and lost. The base date rent in September 2012 was $...

No Triple Damages Where Tenant Owed Significant Rent Arrears

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found an overcharge of $4,225, including interest. But no refund was due since tenant owed $54,000 in back rent. Tenant appealed and lost. Tenant claimed...

Legal Rent Reduced Based on Improper Conditional Rent Concession Clause

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,220, including interest and triple damages. The DRA found that landlord offered tenant a temporary...

No Overcharge Refund Due Where Tenant Owes More in Back Rent

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge refund was due. Although the DRA noted that there was an overcharge of $640, tenant owed landlord $19,000 in...

Landlord Entitled to Set New Rent After Base-Date Vacancy Occurring Before 2014

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including interest. Landlord appealed and won. The apartment had been vacant on the base date...

Tenant's Apartment Was Properly Deregulated

May 23, 2019    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, who appealed and lost. The base date rent charged to prior rent-stabilized tenant was $1,124....

Landlord Must Refund $147,000 Rent Overcharge

May 23, 2019    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. The DRA ruled for tenant and directed landlord to refund $147,510, including interest and triple damages. Landlord...

Landlord Properly Set First Deregulated Rent After Commercial Use

May 22, 2019    

Unregulated tenant complained to the DHCR of improper deregulation and rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment in January 2018 at an initial rent of $3,...

Rent Overcharge Resulted from 1993 Rent Reduction Order

May 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, based on a 1993 rent reduction order that had remained in place. The DRA ordered landlord to refund $30,825, including interest....

No Proof of Heat or Hot Water Violation in Tenant's Apartment

May 22, 2019    

Rent-stabilized tenant complained to the DHCR that her apartment had inadequate heat and/or hot water. The DRA ruled against tenant after finding that there was no active HPD violation of inadequate heat service at...

Tenant's Possible Negligence Doesn't Preclude Rent Reduction Based on Fire

May 22, 2019    

Rent-stabilized tenant complained to the DHCR of a reduction in services. Tenant's apartment had become uninhabitable after a fire. The DRA ruled for tenant and reduced his rent to $1 per month while the...