NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Collected Reduced Rent Payment from Tenant Who Got DRIE Benefits

January 26, 2024    

Rent-stabilized tenant complained to the DHCR in 2019 of rent overcharge. Tenant claimed that landlord ignored the fact that tenant had received DRIE benefits, which had frozen the portion of monthly rent collectible...

Triple Damages on $96,000 Overcharge Revoked

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant. Because there was a 1989 DHCR service/rent reduction order in place on the 2013 base date, the legal regulated rent...

DHCR Won't Consider Succession Claim of Tenant's Son Raised for the First Time on Appeal

January 25, 2024    

Rent-stabilized tenant Jose Raez filed a lease violation complaint with the DHCR in June 2020, claiming that he hadn't received a fully executed copy of the renewal lease that he received, signed, and returned to...

Landlord Failed to Prove Building Was Substantially Rehabbed

January 25, 2024    

Landlord sought a ruling from the DHCR that its building was exempt from rent stabilization based on a substantial rehabilitation that took place after Jan. 1, 1974. The DRA ruled against landlord, who appealed and...

Landlord Didn't Prove Apartment Was Vacancy Deregulated

January 25, 2024    

Tenant asked the DHCR for a ruling on the regulatory status of his apartment, as well as the legal rent. Landlord claimed that the unit was properly deregulated based on high-rent vacancy in 2011 when an exit...

Landlord Can Remove Apartment's Obsolete Rear-Entry Door

January 25, 2024    

Landlord asked the DHCR for permission to remove an obsolete non-fireproof rear entry door and frame from tenant's apartment. The DRA ruled for landlord, but later issued another order modifying the decision to...

DHCR Permission to Amend Initial Rent Registration Limited to Correction of Ministerial Errors

January 25, 2024    

Landlord asked the DHCR in 2023 for permission to amend its 2014 Initial Apartment Registration for an apartment in the building, in order to correct an error. The DRA ruled for landlord and directed that the Initial...

DHCR Reclassifies Formerly Hotel-Stabilized Building

January 25, 2024    

In 2022, landlord asked the DHCR for an Administrative Determination regarding whether it was entitled to rent-stabilized rent increases from tenants if it renewed tenant's leases. Although landlord and tenants...

MCI Application Denied Due to Outstanding Building-Wide Rent Reduction Order

January 25, 2024    

Westchester landlord applied to the DHCR in July 2021 for MCI rent hikes based on installation of a new boiler/burner. The DRA ruled against landlord on Feb. 4, 2022, because there was a building-wide service...

MCI Increase Granted for Exterior Restoration Work

January 25, 2024    

Landlord applied for MCI rent hikes based on exterior restoration work at its building. The DRA ruled for landlord. Tenants appealed and lost. They claimed that the exterior restoration work was unnecessary because...

Tenant Receiving DRIE Benefits Exempted from Payment of MCI Rent Increase

January 25, 2024    

Landlord applied to the DHCR for MCI rent hikes based on building-wide electrical rewiring. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the granted MCI rent increase didn't apply to...

Overcharge Resulted from Misinterpretation of Apartment Status While J-51 Tax Benefits in Effect

January 22, 2024    

(Decision submitted by Elizabeth Lentini, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)