NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant's Monthly Rent Reduced to $1 Despite Landlord's Claim That Tenant Caused Fire

March 21, 2023    

Rent-stabilized tenant filed a service reduction complaint with the DHCR after a fire in his apartment resulted in an HPD vacate order in April 2022. The DRA ruled for tenant and reduced his monthly rent to $1 until...

Daughter of Former Rent-Controlled Tenants Gets Rights to Unit Tenants Transferred to

March 21, 2023    

Tenants' daughter filed a lease violation complaint with the DHCR. She had moved into her current apartment with her parents in 2007. Tenant and her father signed a renewal lease for the two-year term between...

Tenant's Son Can't Get Rent-Stabilized Apartment

March 21, 2023    

Apartment occupant complained to the DHCR that he was the rent-stabilized tenant's son and that landlord refused to give him a renewal lease after tenant died. Landlord argued that the son moved into the...

Default Formula Applied to Overcharge Calculation Where No Base Date Lease Submitted

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $21,443, including triple damages. Landlord appealed and lost. The DRA correctly determined that...

Landlord Showed No Proof It Had Filed an Exemption Application with DHCR

March 21, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of the apartment. The DRA ruled for tenant, found that the unit was rent- stabilized, and directed landlord to file annual rent registrations...

Landlord Avoided Pre-HSTPA Triple Damages by Giving Tenant Rent Credit

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA found that the base date rent was lawful but that there were subsequent overcharges. The DRA ruled for tenant and ordered landlord to refund the...

Pre-Base Date IAIs Sufficiently Documented and Didn't Show Rent Fraud

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in early 2019. The DRA found that the four-year base date rent of $2,050 per month was legal but froze that rent based on landlord's failure to file annual...

Landlord's Unlawful On-Time Rent Provision Resulted in Willful Rent Overcharge

March 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2016 of rent overcharge based on a higher rent charged when tenant paid her monthly rent late. The DRA ruled for tenant and ordered landlord to refund $3,915,...

Triple Damages Revoked in Pre-HSTPA Overcharge Case

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge prior to June 14, 2019. The DRA ruled for tenant and ordered landlord to refund $1,936, including triple damages and interest. Landlord appealed and won, in part....

Landlord Failed to Prove It Submitted IAI Documentation to the DRA

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including triple damages and interest. Landlord appealed and lost. Although landlord...

Prior DHCR Approval Not Needed to File Late Apartment Registrations

March 21, 2023    

In 2022, landlord submitted annual apartment registration forms for one apartment to the DHCR, noting that the apartment hadn't previously been registered for the years 2009 to 2016, and that a separate DHCR...

DHCR-Approved Service Modification for Gas to Electric Stoves Included Rent Reduction

March 21, 2023    

Landlord asked the DHCR for permission to replace gas-cooking stoves with electric stoves in rent-regulated apartments at its building. The DRA ruled for landlord. Tenant appealed and won. Tenant argued that, because...