NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant-Employee Didn't Become Rent Stabilized When Hospital Employment Ended

October 24, 2023    

Tenant asked the DHCR for a ruling that she was subject to rent stabilization. Landlord, a hospital, argued that tenant lived in the apartment as an incident of her employment and that, when her employment ended, so...

Demolition Application Denied by DHCR

October 23, 2023    

Landlord asked the DHCR for permission to refuse renewal of tenant's lease and proceed for eviction based on building demolition. The DRA ruled against landlord, finding that it hadn't submitted plans for the...

Landlord Who Filed Incorrect Form for Rent Increase Under Rent Control Can Refile

October 23, 2023    

A Nassau County rent-controlled tenant complained to the DHCR that landlord filed a duplicate application to the agency for a maximum collectible rent adjustment in 2023. The DRA ruled for tenant and dismissed...

Temporarily Exempt Apartment Was Regulated for Purposes of "35% Calculation"

October 23, 2023    

Landlord applied for MCI rent hikes based on hallway renovation, related hallway work, installation of a TV/security system, and rewiring. The DRA ruled against landlord because only eight of the building's 23...

MCI Increase Denied Due to 1983 HPD Vacate Order That Wasn't Cleared

October 23, 2023    

Landlord applied for MCI rent hikes in 2018 based on installation of a boiler, a main entrance door, intercom, security system, and hallway floor replacement. The DRA ruled against landlord due to an outstanding open...

Pointing/Waterproofing Was Done Within Useful Life of Prior Work

October 23, 2023    

Landlord applied for MCI rent hikes based on pointing and waterproofing, exterior restoration work, and a sidewalk shed installed while the work was being performed. The DRA ruled against landlord, finding that it...

MCI Increase for Pointing/Waterproofing Reduced

October 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on facade restoration that included pointing and waterproofing. The DRA ruled for landlord in part but disallowed the amount of the otherwise approved cost by a...

Tenant of Improperly Deregulated Apartment Entitled to Rent-Stabilized Renewal Lease

September 24, 2023    

Tenant complained to the DHCR that he was rent stabilized and that landlord had refused to renew his lease. He claimed that landlord had illegally deregulated the apartment. The DRA ruled for tenant. Landlord...

DHCR Applied Default Formula to Calculate Overcharge

September 22, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and, using the default formula to set the base-date rent, found a total overcharge of $13,065, including interest and triple damages....

Landlord Didn't Waive Right to Washing Machine Surcharge from Rent-Stabilized Tenant

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, and directed landlord to refund a total overcharge with interest and triple damages totalling $4,714. But the DRA...

Prior Pre-Base Date Overcharge Ruling Applied in Response to New Tenant's Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $261,960, including interest and triple damages. Landlord appealed and lost. Landlord claimed...

Landlord Who Made Full Overcharge Refund to Tenant Avoided $100K Triple Damages

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge of $197,245, including triple damages. The DRA noted that landlord had already...