NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No Proof of Rent Fraud and No Overcharge Found

November 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018.  The DRA found that tenant didn't establish a colorable claim of any fraudulent scheme to deregulate the apartment and that there was no rent...

Lease Records Given More Weight Than Rent Registration Containing Clerical Error

November 21, 2023    

Tenant complained to the DHCR in March 2019 of rent overcharge and improper deregulation. Landlord claimed that the apartment had been vacancy-deregulated when tenant moved in. Landlord submitted the prior tenant...

No Triple Damages Where Landlord Refunded Overcharge in Response to Complaint

November 21, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge and unlawful apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $24,962, including triple damages. Landlord appealed, claiming...

Continued Collection of Rent Increase During Rent Freeze Required Triple Damages

November 21, 2023    

Tenant complained to the DHCR in May 2019 of rent overcharge. She claimed that an outstanding rent reduction order had been issued and made effective on Sept. 1, 2025, without a proper reduction in her rent. The DRA...

Tenant Remained Rent Stabilized After Transfer to Deregulated Apartment

November 21, 2023    

Tenant complained to the DHCR in 2021 of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,950, including triple damages and minus a partial refund. The DRA also directed landlord to offer...

Rent Overcharge with Triple Damages Found Due to Pre-Base Date Rent Reduction Orders

November 21, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and ordered landlord to refund $32,726, including interest and triple damages. The overcharge was based on two...

Apartment Was Rent Stabilized Absent Proof of Deregulation

November 21, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of her apartment. The DRA found no overcharge but did find that the apartment was rent stabilized. Landlord had failed to register...

DHCR Must Re-examine Whether Apartment Was Exempt from Rent Stabilization

November 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2020 that he was being overcharged. The DRA ruled against tenant, finding that the apartment was vacancy-deregulated in March 2017 when tenant moved in. Tenant...

Yonkers HDFC Building Complex Was Exempt from Rent Stabilization

November 21, 2023    

Ten separate tenants living at the Waverly Arms Housing Development of Yonkers complained to the DHCR of rent overcharge. The DRA ruled against each tenant, finding that the building complex was exempt from rent...

Rent Overcharge Resulting from Missing IAI Documentation Wasn't Willful

November 20, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018, noting that the apartment rent had increased from $765.82 to $1,500 when he moved into the unit in 2015. Landlord answered that the tenant...

Untimely Fair Market Rent Appeal Converted to Rent Overcharge Proceeding

November 20, 2023    

Rent-stabilized tenant filed a fair market rent appeal with the DHCR in 2015. She was the first rent-stabilized tenant after rent control and her initial rent in 2005 was $1,800 per month. Tenant also claimed that...

Court Can Decide Occupant's Succession Claim in Nonprimary Residence Case Against Tenant

November 20, 2023    

Mt. Vernon apartment occupant filed a lease violation complaint with the DHCR, claiming that landlord refused to recognize his succession rights to a rent-stabilized apartment. Landlord answered and reported that it...