NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Didn't Prove Claimed Substantial Rehab Had Been Completed

September 22, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost....

Useful Life Waiver Request Was Untimely

September 22, 2023    

Landlord applied for MCI rent hikes based on exterior restoration, including pointing and waterproofing. The DRA ruled for landlord in part but reduced the amount of the approved cost by a percentage of a prior MCI...

DHCR Denies First-Floor Tenant's Appeal of MCI Increase for Elevator Upgrade

September 22, 2023    

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on an elevator upgrade, including consultant fees. Tenant appealed and lost. Tenant claimed that she shouldn't have to...

Architect/Engineer Fees Disallowed from MCI Cost for Gas Repiping

September 22, 2023    

The DHCR's Rent Administrator granted landlord's application for an MCI rent hike based on gas repiping at its building. Tenants appealed, claiming that there was insufficient proof supporting landlord's...

Landlord Showed No Good Cause to Require DHCR's Late Acceptance of Proof of Violation Clearance

September 22, 2023    

Landlord applied to the DHCR for MCI rent hikes. The DRA ruled against landlord in 2011 due to outstanding Class C violations, one of which involved lead-based paint in a tenant's apartment. Landlord appealed,...

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...