NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Had No Authority to Rule on Tenant's Lease Renewal Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR that landlord failed to offer him a renewal lease on the same terms and conditions as his expiring lease. Tenant specified that the temporary lease rider for a...

Landlord Can't Seek Rent Regulation Exemption Ruling Before DHCR After Court Ruling

September 22, 2023    

Tenant applied to the DHCR in 2015 for a ruling on her rent regulatory status. She had moved into Apt. 3F in  2013 at a monthly rent of $3,950, and landlord claimed that she was unregulated. The DRA ruled for...

Landlord Can't Modify Building Services to Rent-Stabilized Tenants by Transferring Cost of Heat

September 22, 2023    

Landlord of a Hempstead building applied to the DHCR in 2022 for approval of a proposed building services modification based on removal of an oil boiler that provided steam heat as well as removal of tenant supplied...

DHCR Reclassifies Former Hotel-Stabilized Building as Rent-Stabilized Apartment Building

September 22, 2023    

In 2018, the DHCR's Rent Administrator issued an order reclassifying landlord's building from a hotel to an apartment building based on loss of certain hotel services. The DRA also issued a rent reduction due...

Landlord Can Add Key Fob System and Restrict Service Entrance Door Access

September 22, 2023    

Landlord asked the DHCR in 2022 for permission to modify the building's entry system by adding an electronic key fob system to supplement rather than replace metal key access, and by partially closing the use of...

Tenant Was Rent Controlled, Not Rent Stabilized, Under PHFL Mortgage

September 22, 2023    

In November 2016, tenant filed an application with the DHCR seeking an administrative ruling to determine his apartment's regulatory status. Earlier that year, landlord had sued to evict tenant in housing court,...

Building Containing Five Dwelling Units Wasn't Subject to Rent Stabilization

September 22, 2023    

A tenant in landlord's building claimed that he was rent stabilized and sought a DHCR ruling concerning his status. The DRA ruled for tenant and directed landlord to give tenant a rent-stabilized lease and...

Landlord Didn't Prove Claimed Substantial Rehab Had Been Completed

September 22, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost....

Useful Life Waiver Request Was Untimely

September 22, 2023    

Landlord applied for MCI rent hikes based on exterior restoration, including pointing and waterproofing. The DRA ruled for landlord in part but reduced the amount of the approved cost by a percentage of a prior MCI...

DHCR Denies First-Floor Tenant's Appeal of MCI Increase for Elevator Upgrade

September 22, 2023    

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on an elevator upgrade, including consultant fees. Tenant appealed and lost. Tenant claimed that she shouldn't have to...

Architect/Engineer Fees Disallowed from MCI Cost for Gas Repiping

September 22, 2023    

The DHCR's Rent Administrator granted landlord's application for an MCI rent hike based on gas repiping at its building. Tenants appealed, claiming that there was insufficient proof supporting landlord's...

Landlord Showed No Good Cause to Require DHCR's Late Acceptance of Proof of Violation Clearance

September 22, 2023    

Landlord applied to the DHCR for MCI rent hikes. The DRA ruled against landlord in 2011 due to outstanding Class C violations, one of which involved lead-based paint in a tenant's apartment. Landlord appealed,...