NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Must Refund $118,730 Based on 1989 Rent Reduction Order

July 26, 2023    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant. Although there was a four-year lookback period, an outstanding 1989 rent reduction order required the DRA to freeze tenant's $1,...

Tenant of Building Complex Can Complain About Services Reduced in Separate Building

July 26, 2023    

Rent-stabilized tenant complained to the DHCR of a reduction in building-wide service. The DRA ruled for tenant and reduced his rent, based on findings that janitorial services and a patio sprinkler weren't being...

Rent Reduction Based in Part on Missing Carbon Monoxide Detector in Tenant's Apartment

July 26, 2023    

Rent-stabilized tenant complained to the DHCR that required services had been reduced. The DRA ruled for tenant and reduced his rent, based on findings that landlord hadn't maintained required services.

Landlord Waived Lawful Rent Increases

July 25, 2023    

Rent-stabilized tenant in Yonkers complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $576, including triple damages. Landlord appealed and lost. Landlord had waived the...

Failure to Attach DHCR Rent Stabilization Riders to Renewal Leases Doesn't Invalidate Rents

July 25, 2023    

Rent-stabilized tenant complained to the DHCR in February 2019 that he had been overcharged. Tenant argued that landlord made false claims that individual apartment improvements (IAIs) made before tenant moved into...

Apartment Was Vacancy Deregulated After Rent-Controlled Tenant Moved Out

July 25, 2023    

Tenant complained to the DHCR in 2018, claiming rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the unit had been lawfully deregulated in 2010. Tenant had moved into...

Apartment Was Lawfully Deregulated After J-51 Tax Benefits Expired

July 25, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation in February 2023. Tenant had moved into the unit in April 2021 at an initial rent of $3,850 per month. The DRA ruled against tenant...

Landlord Proved Lawful IAIs Cost Almost $65,000

July 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenant, finding that landlord had proved it spent $64,984 on individual apartment improvements (IAIs) before tenant...

Landlord Didn't Prove Building Had Been Substantially Rehabilitated

July 24, 2023    

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization based on a substantial rehabilitation performed to replace at least 75 percent of building systems, as required by...

Only 4 Out of 13 Building System Replacements Were Documented

July 24, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed in 2009 within the meaning of RSC Section 2520.11(e). The DRA ruled against...

DHCR Didn't Reduce Rent Overcharge Finding Based on Unpaid Rent

July 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA found that an overcharge resulted from landlord's rent increase of $16.29 per month to tenant's vacancy lease based on an unproven...

DHCR Makes No Regulatory Finding on Sub Rehab Application Withdrawn Without Prejudice

July 24, 2023    

Landlord filed an application with the DHCR in August 2022, seeking a determination that its building was exempt from rent stabilization due to substantial rehabilitation. In January 2023, landlord requested that its...