NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Triple Damages Applied to Rent Overcharge Even Though Tenants Still Owed Back Rent

May 23, 2023    

Rent-stabilized tenants complained of rent overcharge. The DRA ruled for tenants, finding a total overcharge of $826, including triple damages. Since tenants owed landlord over $20,000 in unpaid rent, the DRA did not...

Landlord Proves Apartment Was Vacancy Deregulated with Proof of IAIs

May 23, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and claimed that landlord improperly deregulated the apartment in 2015.  Landlord claimed that the unit was legally deregulated as of Aug. 1, 2015, when...

Triple Damages Applied to Overcharge Resulting from Rent Reduction Order

May 23, 2023    

Rent-stabilized tenant complained of rent overcharge based, in part, on landlord's failure to lower the collectible rent for his apartment in accordance with a 1986 rent reduction order issued by the DHCR. The...

Tenant's Rent-Stabilized Rent Legally Set by HPD Regulatory Agreement

May 23, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. HPD had set the monthly legal regulated rent for tenant's apartment at $1,420 effective Feb. 26, 2013, in...

DHCR Applied Regina Ruling to Overcharge Claim for Apartment in J-51 Building

May 22, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant and set the lawful stabilized rent at $1,963.81 per month as of March 1, 2022. Tenant appealed and...

Moderate Income Program Tenant Under HFA Regulatory Agreement Wasn't Rent Stabilized

May 22, 2023    

Tenant complained of rent overcharge based on claimed illegal fees and surcharges. She moved into the unit in 2015, paid monthly rent of $1,108, and claimed she belonged to the Moderate Income Program. Landlord...

Apartment Was Vacancy Deregulated When Tenant Moved No Matter What Rent Was Charged

May 22, 2023    

Tenant complained to the DHCR of rent overcharge in 2018. Landlord claimed that tenant wasn't subject to rent stabilization. The DRA ruled for tenant because tenant paid $2,000 per month when he moved in. The DRA...

Tenant Who Moved into Building After Sub Rehab Wasn't Rent Stabilized

May 22, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant shortly after the agency issued a separate order finding that the building was exempt from rent regulation due to substantial...

Tenant Who Moved into Apartment After 421-a Benefits Expired Wasn't Rent Stabilized

May 22, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the building after Real Property Tax Law 421-a tax benefits had expired. The building was...

Tenant's Lease Violation Complaint Dismissed Since Landlord Had Sent Nonrenewal Notice

May 22, 2023    

Tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to renew his lease that was set to expire on Nov. 30, 2022. The DRA ruled for tenant based on landlord's failure to answer the...

Landlord Didn't Replace 75% of Building Systems Needed to Prove Sub Rehab

May 22, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, finding that landlord...

Landlord Proved Building Was Substantially Rehabbed After 2014 Fire

May 22, 2023    

Landlord applied to the DHCR in 2021 for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation commenced in June 2015 and completed in 2020. The DRA ruled for landlord,...