NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can Replace Rent-Stabilized Tenant's Kitchen Window with Exhaust System

March 21, 2023    

Landlord asked the DHCR for permission to modify services to tenant's apartment in order to seal the kitchen window of the apartment and install an exhaust system vent. The DRA ruled for landlord, provided that...

Landlord Didn't Show That 75 Percent of Building Systems Were Replaced

March 21, 2023    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. The DRA correctly found that the DOB...

Landlord Didn't Submit Sufficient Proof of Claimed Substantial Rehab

March 21, 2023    

Landlord applied for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord said that it bought the vacant building in 2021 and performed gut...

Building Rehabbed Under PHFL Program with HUD Financing Remained Rent Stabilized

March 21, 2023    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation landlord claimed was completed between 1978 and 1981. The DRA ruled against landlord.

Hallway Windows with Wired Glass Qualified as MCI

March 21, 2023    

Landlord applied for MCI rent hikes based on installation of new windows. The DRA ruled for landlord in part, but excluded the cost of new hallway windows based on a finding that those windows weren't fire rated...

New Burner Was Required by Law Before Useful Life of Old Burner Expired

March 21, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new boiler and burner. The installation involved a conversion of the building's heating system from #6 fuel oil to #2 fuel oil and gas....

DHCR Permits Modification to Phone-Based Intercom Without Rent Reduction

February 22, 2023    

(Decision submitted by Jessi Maduro, Esq., of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., who represented the landlord.)

Triple Damages Didn't Apply to Overcharge Refunded in Response to Pre-HSTPA Complaint

February 22, 2023    

Rent-stabilized tenant complained of a rent overcharge in 2018 that he argued resulted from landlord's claimed individual apartment improvement (IAI) costs. Landlord agreed there was an overcharge and refunded...

Landlord Didn't Document Preferential Rent in Renewal Leases

February 22, 2023    

A Yonkers rent-stabilized tenant filed a specific rent overcharge complaint with the DHCR in 2018. He argued that his 2015 vacancy lease set forth a legal regulated rent (LRR) of $957 per month and a preferential...

DHCR Can Consider Pre-Base Date Overcharge Ruling When Deciding New Complaint

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant, finding that the base rent date was June 1, 2011, which was six years prior to the filing of tenant's complaint and finding...

Landlord Proved Costs for Rent Increase Based on IAIs

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and found a total overcharge of $1,864. Tenant appealed and lost. Tenant questioned landlord's claim that it spent $...

Landlord Waived Rent Increase for Two-Year Renewal Lease Period

February 22, 2023    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $5,120 with triple damages. But, since tenant owed landlord $14,975 in back rent, no...