NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

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DHCR Makes No Regulatory Finding on Sub Rehab Application Withdrawn Without Prejudice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

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...