NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Who Removed Lobby Space Must Reduce Rents by $50 per Month

May 23, 2024    

Landlord applied to the DHCR for permission to modify building services by moving tenant mailboxes from an open area to a new secured mailroom. The DRA ruled for landlord on condition that: (1) tenants' rents be...

Late-Filed MCI Application Accepted as Timely Under COVID-Era Executive Orders

May 23, 2024    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that its application hadn't been filed within two years from the completion date of the...

MCI Increase Granted for New Roof, Pointing, and Exterior Restoration

May 23, 2024    

Landlord applied for MCI rent hikes based on installation of a new roof, pointing, and exterior restoration. The DRA ruled for landlord, and tenants appealed. They claimed that the roof wasn't installed in a...

On-Time Rent Payment Clause Held Invalid, Doesn't Create Preferential Rent

May 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding that landlord's "on-time" lease clause, requiring payment of full rent rather than a preferential rent...

Rent Reduction Order Must Result in Actual Rent Decrease Despite 0% Guideline

May 23, 2024    

Rent-stabilized tenant complained of rent overcharge based on two DHCR rent reduction orders that reduced and froze tenant's rent for certain periods. The DRA acknowledged that there had been a rent reduction...

No Rent Fraud Found Where Landlord Believed Apartment Had Been Deregulated

May 23, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DRA ruled for tenant and directed landlord to refund $258. Tenant appealed and lost.

Rent Overcharge Determined Using Sampling Method Default Formula

May 22, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund $7,640, including triple damages. Tenant appealed, claiming that the pre-base date rent...

Landlord Improperly Discontinued Preferential Rent

May 22, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of improper deregulation of her apartment and rent overcharge. The DRA ruled for tenant, finding that the apartment was rent stabilized and that tenant'...

No Triple Damages in Overcharge Case in Light of Refund Made to Tenants

May 21, 2024    

Rent-stabilized tenants complained to the DHCR in 2017 of rent overcharge. The DRA ruled against tenants based on RSC Section 2520.11(r)(5) and the 2018 Court of Appeals ruling in Altman v. 285 W. Fourth LLC...

No New Overcharge Collected Since Prior Rent Overcharge Ruling

May 21, 2024    

Tenant complained to the DHCR of rent overcharge in 2022. She claimed that an earlier DHCR order had granted her $35,000 in rent overcharges for a prior period and that she now sought a rent overcharge refund for the...

Son Gets Tenant's Rent-Stabilized Apartment

May 20, 2024    

The son of a rent-stabilized tenant claimed succession rights to the apartment in a complaint to the DHCR after tenant moved out. The son claimed that landlord refused to give him a renewal lease. The DRA ruled for...

DHCR Grants Waiver of Reasonable Cost Schedule for Landmark Building Windows

May 20, 2024    

Landlord applied to the DHCR for MCI rent hikes based on installation of lot line and hallway windows in a landmark building. The DRA ruled for landlord; tenants appealed and lost.

Tenants argued that the DRA...