NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

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...

DHCR Orders Rent Registration of Apartments Despite Landlord's Claim Building Was a Co-op

April 23, 2023    

The DHCR's DRA initiated a proceeding in 2019 after finding that landlord failed to register its building as rent stabilized for 2018 although Dept. of Finance (DOF) records show that the building received J-51...

DHCR Can Determine Apartment's Legal Regulated Rent in Response to Tenant Application

April 23, 2023    

Tenant asked the DHCR in 2015 for an administrative determination of the legal regulated rent (LRR) of his apartment. Tenant submitted copies of his leases with the application, and pointed out that he had requested...

DHCR Properly Calculated MBR and MCR for Rent-Controlled Tenant

April 23, 2023    

In 2019, landlord asked the DHCR for a ruling to establish the legal maximum rent of tenant's rent-controlled apartment. Using the information available in the DHCR's records, which included a prior Maximum...

Landlord Didn't Submit Sufficient Proof of Substantial Rehab

April 23, 2023    

The prior landlord of a Westchester County building asked the DHCR in 2019 for a ruling that its Mt. Vernon premises was exempt from rent regulation due to substantial rehabilitation. The DRA ruled against landlord...

Tenant Who Lived in Building Prior to Substantial Rehab Remained Rent Stabilized

April 23, 2023    

Landlord applied to the DHCR in 2019, seeking a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation completed in 2011. The DRA ruled for landlord in 2022 based on...

Landlord Cleared Building Violations Before MCI Increase Was Granted

April 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new roof, parapet walls, entrance door, and intercom. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that there were...

Landlord Had No Explanation for Delay in Obtaining Government Sign-Off for Rewiring Work

April 23, 2023    

Nassau County landlord applied to the DHCR for MCI rent hikes based on rewiring. The DRA denied the application as untimely. The application was filed on June 14, 2019, more than two years after the work was...