NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No Rent Increases Permitted Where Tenant Refused to Sign Defective Renewal Leases

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant  and ordered landlord to refund $15,881, including triple damages. Landlord appealed and lost. Landlord claimed...

No Triple Damages Where Landlord Refunded More Than Amount Overcharged

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the total overcharge with triple damages was $140,625. But since landlord had already refunded $143,891, no refund was...

On-Time Rent Payment Clause Was Invalid

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018, claiming that landlord's rent increases and claimed preferential rent were improper. The DRA ruled for tenant, finding that although the tenant's...

Tub Reglazing and Smoke Detector Installation Weren't IAIs

October 23, 2024    

After an IAI audit of tenant's apartment, the DHCR's Tenant Protection Unit (TPU) referred the matter to the DRA for processing of a rent overcharge complaint. The DRA disallowed a small portion of landlord...

DHCR Must Award Triple Damages for Post-HSTPA Overcharge Complaint

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant and found that landlord owed tenant overcharges totalling $1,561 with interest. The DRA also found that landlord owed...

No Triple Damages Where Rent Arrears and Credit Were Greater Than Overcharge

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge, based on landlord's collection of the full legal regulated rent from tenant while a prior DHCR rent reduction order remained in effect. The DRA...

Apartment Was Vacancy Deregulated Before Tenant Moved In

October 23, 2024    

Tenant complained to the DHCR in 2020, claiming rent overcharge. The DRA ruled against tenant, finding that her apartment was no longer rent stabilized. Tenant appealed and lost. The base rent date for tenant's...

Reconstruction of Demolished Building Resulted in Exemption from Rent Regulation

October 23, 2024    

Landlord applied to the DHCR, seeking a determination that its Yonkers building was exempt from rent regulation based on substantial rehabilitation. The DRA ruled for landlord, who bought the building in 1989 when it...

Landlord Didn't Prove Building Was Substantially Rehabilitated

October 23, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation completed during the 1980s. The DRA ruled against landlord, finding that it failed to...

Tenant in 421-a Building Since 1976 Remained Rent Stabilized After Tax Benefits Expired

October 13, 2024    

Tenant in a 421-a building complained that landlord failed to offer him a rent-stabilized renewal lease. Tenant had lived in the apartment since 1976. The DRA ruled for tenant and directed landlord to offer a renewal...

Apartment Occupant Fails to Prove Illusory Tenancy

October 13, 2024    

An apartment occupant filed a lease violation complaint with the DHCR, claiming that the tenant of record was an illusory tenant and that landlord should be directed to offer her a rent-stabilized lease instead. The...

Landlord Offered Renewal Lease Under Proper Rent Guidelines

October 13, 2024    

Rent-stabilized tenant complained in 2023 that landlord failed to offer him a renewal lease. Landlord claimed that it had offered tenant timely renewal leases in September 2023 and March 2024. The DRA ruled for...