NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Submitted Insufficient Proof of Substantial Rehab

February 21, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation in 2021. The DRA ruled against landlord, who appealed and lost. Landlord argued that...

Buildings Rehabbed Under Land Disposition Agreement with HPD Remain Rent Stabilized

February 21, 2023    

Landlord applied to the DHCR for rulings that five buildings had been substantially rehabilitated between 1985 and 1987. The DRA ruled against landlord, finding that the buildings were rehabbed under a NYC Urban...

Landlord Can't Explain Why Tenants Were Treated as Rent Stabilized After Claimed Sub Rehab

February 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, after landlord failed to submit requested leases, renewal...

Rent Overpayment Between Effective Date and Issuance Date of Rent Reduction Order Not Due to Willful Overcharge

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, finding a total overcharge of $127.91. No triple damages were imposed. And since tenant owed unpaid rent to landlord...

Landlord Proved Apartment Was Vacancy-Deregulated Before Tenant Moved in

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been vacancy-deregulated six years before tenant moved in. Tenant...

Building Was Exempt from Rent Stabilization Based on Prior DHCR Finding of Substantial Rehab

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and claimed that his apartment had been unlawfully deregulated. The DRA ruled against tenant and dismissed the case. Tenant appealed and lost. In a prior decision, the...

Landlord Who Refunded Overcharge Before Final Notice Avoids Triple Damages in Pre-HSTPA Case

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. In July 2022, the DRA sent landlord a final notice that triple damages would be imposed on an overcharge of $8,748 based on incorrect rent...

IAI Rent Increases Reinstated on Appeal of Overcharge Ruling Proved Lawful Vacancy Deregulation

January 25, 2023    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf prior to enactment of HSTPA amendments to the rent stabilization base date. The DRA ruled for tenant and directed...

Some Claimed IAI Costs Were Insufficiently Documented

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and a lease violation, claiming that his apartment had been improperly deregulated. Landlord argued that the unit was vacancy-deregulated after adding a 1/40th rent...

Longevity Increase Applied When Vacancy Lease Was Due to Adding Roommates as Tenants

January 24, 2023    

Rent-stabilized tenant complained prior to June 14, 2019, of rent overcharge and that landlord failed to offer a proper renewal lease. The DRA ruled for tenant, finding that landlord was entitled to a vacancy rent...

Rent-Stabilized Tenant Overcharged Roommate

January 24, 2023    

The roommate of a rent-stabilized tenant complained to the DHCR that the tenant had overcharged him. The DRA ruled for the roommate and ordered tenant to refund $10,220 without noting any assessed interest or triple...

DHCR Grants Pass-on Rights to Son While Tenant "Temporarily Exempt" from Primary Residence Requirements

January 24, 2023    

A rent-controlled tenant's son asked the DHCR for a ruling that he had succession rights to tenant's apartment. The DRA ruled for the son. Landlord appealed and lost. The DHCR pointed out that, in a prior...