NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

CAB Expulsion Order Ended When Prior Tenant Died

January 24, 2023    

Tenant asked the DHCR in 2018 for a ruling that he had succession rights to a rent-stabilized apartment. The DRA ruled against tenant, finding that he was the first rent-stabilized tenant of the unit. Tenant and...

Formerly Rent-Controlled Apartment Became Stabilized Under 1983 Agreement with HPD

January 23, 2023    

Tenant asked the DHCR in 2020 for a ruling that his apartment was rent controlled. He said he had lived in the unit with his parents since 1942, and submitted a 2017 housing court order indicating that the unit was...

Landlord Can't Get 20 Percent Vacancy Increase from Second Successor Tenant

January 23, 2023    

An apartment occupant asked the DHCR to determine his apartment's rent-regulated status and to rule that he had succession rights to the unit. In response, landlord argued that the occupant would be the second...

Landlord Fails to Demonstrate That Building Was Substantially Rehabbed

January 23, 2023    

Landlord applied in 2022 for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. After it bought the building in 2015, landlord commenced renovations in...

Stucco Stonework Qualified as Part of Approved MCI for Pointing

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on pointing and related architect fees. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that stucco stonework performed at the building,...

Installation of New Floors in Building's Public Areas Qualified as an MCI

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of public area floors on a building-wide basis. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the installation of new...

Useful Life of Prior Mixed Wood-Aluminum Windows Had Expired

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of new windows. After the DRA ruled for landlord in 2011, tenants appealed and lost. Tenants claimed that the useful life of the prior windows...

MCI Rent Increase Order Not Affected by DOB Stop-Work Order Issued Later

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on the installation of building-wide rewiring. The DRA ruled for landlord, and tenants appealed. Tenants claimed that some of the room counts listed in landlord...

Landlord Cost for Gas Re-Piping MCI Was Lower Than DHCR's Reasonable Cost Limit

January 23, 2023    

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on building-wide gas re-piping. Tenants appealed and lost. Tenants claimed that the cost for the work claimed by landlord...

HSTPA Lawfully Reduced the Amount of Permissible MCI Rent Hikes While Landlord's Application Pending

January 23, 2023    

Landlord applied for MCI rent hikes on March 29, 2019, based on exterior building restoration work. The DRA ruled for landlord. However, because the HSTPA amended the rent stabilization and rent control laws...

HSTPA Now Bars MCI Rent Hikes If 35 Percent or Fewer Apartments in Building Are Rent Regulated

January 23, 2023    

Landlord applied for MCI rent hikes based on installation of windows and an intercom system. The DRA ruled against landlord because the Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended the rent...

State Law Now Bars Collection of A/C Surcharge from Rent-Regulated Tenants in Electrical Exclusion Buildings

December 20, 2022    

Effective Nov. 21, 2022, Chapter 619 of the Laws of the State of New York of 2022 prohibits owners of rent-stabilized and rent-controlled apartments in "electrical exclusion" buildings from the continued...