NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Taping, Plastering, and Painting Costs Deducted from MCI Increase

April 25, 2024    

Landlord applied for MCI rent hikes based on installation of a new roof and asbestos abatement. The DRA ruled for landlord but limited rent increases based on HSTPA amendments to the Rent Stabilization Law. The DRA...

Landlord Didn't Respond to DHCR Requests for Additional Information

April 25, 2024    

Landlord applied to the DHCR for MCI rent hikes based on installation of lobby/vestibule doors and mailboxes. The DRA ruled against landlord, who appealed and lost. The DRA properly denied the application because...

Rent Overcharge Found Due to Pre-Base Date Rent Reduction Order

April 25, 2024    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant directed landlord to refund $57,975, including interest and triple damages. The overcharge finding was based on a...

No Triple Damages Where Rent Arrears Far Exceeded Overcharge Finding

April 25, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding a total overcharge with triple damages of $102.51. Since tenant owed $36,791 to landlord in back rent, no refund was...

Tenant's Overcharge Complaint Subject to Four-Year Lookback Period

April 24, 2024    

Rent-stabilized tenant complained to the DHCR in January 2019 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $10,588, which included triple damages. The overcharge occurred after the...

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

April 24, 2024    

Tenant who had moved into his apartment in 2016 complained to the DHCR of rent overcharge and improper apartment deregulation in 2020. The DRA ruled against tenant, finding that the apartment was lawfully deregulated...

$75,000 Default Method Overcharge Finding Based on Landlord's Failure to Answer Complaint

April 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $74,420, including triple damages. The overcharge was determined based on the Rent...

Landlord Didn't Show Building Was in Substandard Condition Before Sub Rehab

April 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation performed in 2022 after landlord purchased the building. The DRA denied the application...

Landlord Proved That Building Was Substantially Rehabilitated

April 24, 2024    

Landlord asked the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation of the building after Jan. 1, 1974. The DRA ruled for landlord, finding that it had replaced...

Separating HMD Buildings Under New Deed Didn't Remove Them from Rent Stabilization

April 24, 2024    

Landlord applied to the DHCR for a determination that tenant's apartment was exempt from rent regulation. The DRA ruled against landlord. Rent Stabilization Code Section 2520.11(d) provides that a building...

Tenant Moved into Building After Sub Rehab and J-51 Benefit Expiration

April 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation done in 1989. The DRA ruled for landlord. However, the DRA ruled that four tenants who...

Occupant Doesn't Prove Succession Rights to Grandmother's Rent-Controlled Apartment

April 22, 2024    

Apartment occupant complained to the DHCR that landlord refused to give him a renewal lease. He claimed succession rights to a rent-controlled apartment he said he'd lived in with his grandmother since 2018. The...