NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Must Reconsider Whether Landlord Sufficiently Proved Installation of Hot Water Heater

September 22, 2023    

The DHCR's Rent Administrator denied landlord's application for MCI rent hikes based on installation of a hot water heater. The DRA found that landlord didn't submit necessary information required to...

Resurfacing of Back Courtyard Only Didn't Qualify as MCI

September 22, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a newly resurfaced courtyard and steps behind the building. The DRA ruled against landlord, who appealed and lost. RSC Section 2522.4 defined...

Tenant Association Has No Standing to Challenge Determination of Housing Company's Capital Structure

August 28, 2023    

The Tenant Association of an affordable housing community governed by PHFL Article IV challenged an approval letter issued by the DHCR in September 2022, arguing that the decision set forth in that letter violated...

Building Work Insufficient to Prove Rent Stabilization Exemption Based on Substantial Rehab

August 28, 2023    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein McConnell Gribben & Joseph LLC, attorneys for the tenants.)

Landlord applied to the DHCR, seeking a ruling...

Apartment Became Deregulated When Tenant Moved Out and J-51 Tax Benefits Expired

August 28, 2023    

Former tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant in part, finding no overcharge but directing landlord to base future rent increases on the...

No Overcharge Where Apartment Was Vacancy Deregulated Before Tenant Moved In

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation after moving into the unit in 2016. The DRA ruled for tenant, found that the unit was rent stabilized and ordered landlord to...

Triple Damages Applied to Full Overcharge Resulting from Post-HSTPA Complaint

August 28, 2023    

Rent-stabilized tenant complained to the DHCR after HSTPA took effect, claiming rent overcharge based on a prior rent reduction order. The DRA ruled for tenant and ordered landlord to refund $98,860, including triple...

Tenant Moved Out Before Rent Stabilization Coverage Began at Building

August 28, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. Landlord pointed out that it had signed an Assurance of Discontinuance with...

Rent Overcharge Based on Miscalculation of MCI Rent Hike Included Triple Damages

August 28, 2023    

Rent-stabilized tenant complained of rent overcharge based on a disputed MCI rent increase. The DRA ruled for tenant and found an overcharge of $544, including triple damages.

Tenant's Apartment Was Properly Vacancy Deregulated in 2003

August 28, 2023    

Tenant complained to the DHCR that she had been overcharged and that her apartment was improperly deregulated. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Landlord proved that...

DHCR Must Review Whether Apartment Was Properly Deregulated

August 28, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding insufficient evidence of fraud and that the apartment had been vacancy deregulated...

Tenant's Untimely Fair Market Rent Appeal Was Properly Dismissed

August 28, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA converted the complaint to a fair market rent appeal (FMRA) because it sought to challenge the rent initially charged to the first rent-...