NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Willful Rent Overcharge of Over $109,000 Resulted from Prior Rent Reduction Order

August 28, 2023    

Rent-stabilized tenant complained to the DHCR in December 2018 of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $109,283, including triple damages and interest. The DRA found that the base...

Succession Rights Claim by Tenant's Daughter Would Be Addressed by Court

August 28, 2023    

In 2022, rent-stabilized tenant's daughter complained to the DHCR that landlord failed to recognize her succession rights to the apartment. Landlord pointed out that it had started a pending housing court...

Renewal Lease Dispute Resolved Through DHCR Lease Violation Proceeding

August 28, 2023    

Rent-stabilized tenant complained to the DHCR in 2021 that landlord failed to send her a renewal lease. In response, landlord said that this was an oversight, that it had now sent tenant the renewal lease via...

Lease Renewal Complaint to DHCR Dismissed After Tenant Moved Out

August 28, 2023    

Rent-stabilized tenant complained in March 2020 that landlord failed to give her a renewal lease. In March 2021, tenant notified the DHCR that she had moved to a new address and no longer lived in the apartment. The...

No Renewal Lease Required for Successor Tenant to Rent-Controlled Apartment

August 28, 2023    

A family member of former rent-controlled tenant claimed succession rights after tenant died, and complained to the DHCR that landlord refused to give him a renewal lease in his own name. The DRA ruled for the family...

Tenant Buy-Outs Proved Building Wasn't in Substandard Condition When Rehab Work Began

August 28, 2023    

Landlord applied to DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation that took place after landlord bought the building in 2010 and completed the rehab in...

Tenants in Building Substantially Rehabbed Under HDC Agreement Remained Rent Stabilized

August 28, 2023    

Landlord applied to the DHCR for a ruling on the rent regulatory status of its building. The DRA ruled for landlord in part, finding that the building was exempt from rent stabilization based on substantial...

Rent-Stabilized Tenant's Daughter Gets Apartment

August 27, 2023    

The daughter of a rent-stabilized tenant complained to the DHCR in 2022 after landlord refused to give the daughter a renewal lease after tenant died in September 2021. The daughter claimed she had succession rights...

DHCR Found Proof of Prior Substandard Condition Was Insufficient

August 27, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to substantial rehabilitation of the building after Jan. 1, 1974. The DRA pointed out that, under RSC Section 2520.11(e...

DHCR Increases Tenant's Rent-Stabilized Rent Based on Unique and Peculiar Circumstances

August 27, 2023    

(Decision submitted by Eileen O'Toole, of the Manhattan Law Office of Eileen O'Toole, who represented the landlord.)

In 1988, the building's prior landlord gave loft tenant a lease for an...

Three-Ply Roof Qualified as MCI

August 27, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new roof. The DRA ruled for landlord. Tenants appealed and lost. They claimed that the new roof work was a repair and not an MCI. They also...

Building's L-Shaped Apartments Contained Two Rooms, Not One Under DHCR Policy

August 27, 2023    

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on installation of a new roof. Tenants appealed and lost. They challenged landlord's room count, claiming that units...