NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord's Unlawful On-Time Rent Provision Resulted in Willful Rent Overcharge

March 21, 2023    

Rent-stabilized tenant complained to the DHCR in 2016 of rent overcharge based on a higher rent charged when tenant paid her monthly rent late. The DRA ruled for tenant and ordered landlord to refund $3,915,...

Triple Damages Revoked in Pre-HSTPA Overcharge Case

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge prior to June 14, 2019. The DRA ruled for tenant and ordered landlord to refund $1,936, including triple damages and interest. Landlord appealed and won, in part....

Landlord Failed to Prove It Submitted IAI Documentation to the DRA

March 21, 2023    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $13,204, including triple damages and interest. Landlord appealed and lost. Although landlord...

Prior DHCR Approval Not Needed to File Late Apartment Registrations

March 21, 2023    

In 2022, landlord submitted annual apartment registration forms for one apartment to the DHCR, noting that the apartment hadn't previously been registered for the years 2009 to 2016, and that a separate DHCR...

DHCR-Approved Service Modification for Gas to Electric Stoves Included Rent Reduction

March 21, 2023    

Landlord asked the DHCR for permission to replace gas-cooking stoves with electric stoves in rent-regulated apartments at its building. The DRA ruled for landlord. Tenant appealed and won. Tenant argued that, because...

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.)