NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Must Pay Moving Stipends to Tenants Based on Room Counts in Initial Rent Registrations

July 24, 2023    

Landlord applied to the DHCR for permission to terminate four rent-stabilized tenancies in its building and proceed for eviction, based on demolition. After a gas explosion in 2015, DOB had ordered evacuation of the...

No MCI Increase for Two Apartments with Leaks Following Pointing Work

July 24, 2023    

Landlord applied for MCI rent hikes based on pointing, related work, and engineering services. The DRA ruled for landlord. Tenants appealed and won, in part. Among other things, tenants claimed that the MCI work was...

Landlord Proved It Obtained DOB Approval for Elevator Upgrading

July 24, 2023    

Landlord applied for MCI rent hikes based on elevator upgrading and installation of elevator shaft steel, elevator bulkhead/roof/interior, elevator wiring, and a TV/security system. Tenants appealed and lost.

Building That Was 25% Occupied When Work Began Didn't Qualify as Substantially Rehabbed

July 24, 2023    

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

No Triple Damages for Pre-HSTPA Overcharge Finding

July 24, 2023    

(Decision submitted by Mary D. Milone, Esq. of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Proves Building Was Substantially Rehabbed

July 24, 2023    

(Decision submitted by Mary D. Milone, Esq. of the Manhattan law firm of Borah Goldstien Altschuler Nahins & Goidel, P.C., attorneys for the owner.)

Cost of Hot Plates Provided to Tenants During Gas Re-piping Removed from MCI Costs

June 27, 2023    

Landlord applied for MCI rent hikes based on gas re-piping. The DRA ruled for landlord. Tenants appealed and won, in part. Among other things, tenants pointed out that landlord had provided hot plates to tenants...

Landlord Changed Intercom System Without Prior DHCR Approval

June 27, 2023    

Rent-stabilized tenants complained to the DHCR of a reduction in required services. The DRA ruled for tenants, finding that the building's intercom system wasn't being maintained. This was because landlord...

Apartment Was Vacancy-Deregulated Before Complaining Tenant Moved In

June 27, 2023    

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $4,058, including triple damages. However, since tenant owed back rent more than that amount when the...

Tenant Proves Disputed Amount of Lease Rent with Rent Receipts

June 27, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge, claiming that rent charged and collected from Oct. 31, 2014, through June 31, 2017, included illegal fees and surcharges. Tenant also claimed that landlord...

Landlord Must Refund Small Overcharge Resulting from DRIE Calculation Error

June 27, 2023    

Tenant complained to the DHCR of rent overcharge. Tenant received a Disability Rent Increase Exemption (DRIE). This froze her collectible rent at $923.38 per month, but landlord changed the amount on a lease...

Lower Rent Paid as On-Time Rent Concession Payment Became Legal Regulated Rent

May 23, 2023    

Rent-stabilized tenant complained to the DHCR in 2015 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $37,183, including triple damages. Landlord appealed and lost. Landlord claimed that...