NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Demolition Approval Revoked After DOB Invalidated PW1 Application

May 22, 2023    

Landlord applied to the DHCR in 2018 for permission to refuse lease renewals in order to demolish a rent-stabilized building. The DRA ruled against landlord because tenant's lease had expired on June 20, 2014,...

Building Remained Rent-Stabilized Even After J-51 Benefits Expired

May 22, 2023    

In 2016, landlord asked the DHCR for a ruling on whether tenant's apartment was rent stabilized. Landlord claimed that, after April 1993, prior landlord increased the dimensions of the apartment by adding square...

DHCR Set MCR for Rent-Controlled Tenant at Actual Rent Paid in 2019

May 22, 2023    

Tenant asked the DHCR to determine her apartment's legal rent after the Housing Court ruled that tenant was a rent-controlled successor tenant. The DRA ruled that the Maximum Collectible Rent (MCR) for the...

Legal Rent Was $400 Rent Paid by Former Janitor While He Occupied Apartment

May 22, 2023    

Landlord asked the DHCR in 2016 for a ruling on the legal regulated rent for an apartment. Landlord claimed that the apartment occupant had been the building's janitor until his employment was terminated in...

MCI Increase Reduced by Cost of Elevator Controller and Selector Included in Prior MCI Increase

May 22, 2023    

Landlord applied to the DHCR for rent hikes based on elevator and elevator room installation. The DRA ruled for landlord.

Landlord Didn't Prove Useful Life Waiver Should Apply to Elevator Upgrade MCI

May 22, 2023    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord because the DHCR had issued a prior MCI rent increase in 2008 for elevator upgrading that was still within...

Landlord Can't Amend Rent Registration to Reflect New Apartment It Didn't Register in 2018

May 22, 2023    

Landlord applied to the DHCR for permission to amend 2008 rent registrations for two apartments at its building. The DRA ruled against landlord, who appealed and lost. Landlord claimed that: (a) by April 2018, two...

No IAI Increase for Electrical Work Done Outside Tenant's Apartment

April 23, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant and found no overcharge. Tenant appealed and won. The DRA had noted that landlord claimed that it did individual...

Tenant's Vacancy Lease Didn't Contain Notice of Preferential Rent

April 23, 2023    

Tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $40,051, including triple damages and interest, and after deducting $20,116 in unpaid rent that...

No Rent Overcharge Where J-51 Apartment Was Registered After Roberts and DHCR Guidance

April 23, 2023    

Tenants complained to the DHCR in 2018 of rent overcharge, claiming that from July 1, 1998, through June 30, 2015, landlord received J-51 tax benefits but had improperly deregulated their apartment. They had moved...

Landlord Didn't Prove Financial Ability to Complete Demolition Project

April 23, 2023    

Landlord asked the DHCR for permission to demolish a building containing rent-stabilized apartments. The DRA ruled against landlord, finding that the "owner has not submitted a firm commitment letter from a...

DHCR Uses Default Formula to Set Legal Rent for Unregistered SRO Unit

April 23, 2023    

Tenant filed an application with the DHCR in 2015, asking for a ruling on his SRO unit's regulatory status and legal regulated rent (LRR). In 2019, the DRA found that the unit was rent stabilized and that the...