NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord's MCI Application Denied as Untimely

April 23, 2023    

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that landlord's application was untimely. Landlord appealed and lost. Landlord claimed that its application...

Landlord Sufficiently Documented Costs of Separate Concrete Layers to Prove Resurfacing Work Wasn't Duplicated

April 21, 2023    

Landlord applied for MCI rent hikes based on concrete resurfacing with related engineering services. The DRA ruled for landlord in part but excluded costs of certain items of work that were deemed ineligible....

Violations Resolved Before MCI Application Was Filed Were Irrelevant

April 21, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new boiler/burner, asbestos removal, asbestos air monitor, boiler control system, and chimney. The DRA ruled for landlord. Tenant appealed...

Landlord Converted Gas Stoves to Electric Without Prior DHCR Approval

March 21, 2023    

Five rent-stabilized tenants filed separate individual service reduction complaints with the DHCR based on replacement of their cooking gas service with electric cooking ranges in place of gas stovetops. The DRA...

Tenant Claims Landlord Didn't Let Him Move Back into Apartment

March 21, 2023    

Rent-stabilized tenant filed a rent reduction application after a fire in December 2020 resulted in an HPD Vacate Order for tenant's Apt. No. 3. The DRA ruled for tenant and reduced his rent to $1 per month while...

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...