NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent Act of 2015 Didn't Preclude Vacancy Deregulation of Tenant's Apartment

December 19, 2022    

Tenant complained to the DHCR of rent overcharge in 2017. She had moved into the apartment in August 2016 at an initial rent of $2,850. Landlord claimed that the apartment was vacancy deregulated when tenant moved in...

Landlord Must Refund Overcharge Resulting from Rent Reduction Order

December 19, 2022    

Rent-stabilized tenant complained of rent overcharge based on landlord's failure to comply with a prior DHCR rent reduction order. The DRA found that the legal base date rent was $1,135.18 per month. But the base...

No Proof of Improper Commercial Rental to Prior Tenant

December 19, 2022    

Tenant complained to the DHCR of rent overcharge, and claimed that his apartment had been fraudulently rented for commercial use before he moved in. The DRA ruled against tenant, finding that the base date rent four...

Landlord Properly Calculated a 1/40th Rent Increase for IAIs

December 19, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant after finding that the apartment had been vacancy-deregulated in 2009. Tenant appealed and lost. Landlord proved the deregulation through...

Apartment Was Vacancy-Deregulated After Gut Renovation

December 19, 2022    

Tenants complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenants, who appealed and lost. The DHCR found that the DRA had properly determined that the apartment was properly deregulated more...

DHCR Improperly Decided Overcharge Issue in AD Proceeding for Regulatory Status Determination

December 19, 2022    

Tenant asked the DHCR for an administrative determination (AD) that his apartment was rent stabilized and to set the legal rent. Tenant claimed that he moved into the unit in 2008 and that landlord had fraudulently...

Prior Mortgage Agreement Didn't Prevent Rent Stabilization Coverage After Rent-Controlled Tenant Vacated

December 19, 2022    

In 2016, tenant asked the DHCR for an administrative determination (AD) that his apartment was subject to rent stabilization. Tenant complained that landlord claimed the apartment was rent controlled. The DRA ruled...

Landlord Can't Seek DHCR Ruling on Rent Regulatory Status of Vacant Apartment

December 19, 2022    

Tenants who moved into an apartment in June 2014 filed a DHCR service reduction complaint in 2017. The DRA ruled for tenants in 2018. Landlord filed a PAR of that order, claiming that the apartment was unregulated....

Substantial Rehab Exemption Not Available for Buildings Subject to PHFL Section 608

December 19, 2022    

Landlord filed applications with the DHCR in 2019 seeking determinations that three buildings were exempt from rent stabilization based on substantial rehabilitation.

DHCR to Reconsider Ruling That Building Hadn't Been Substantially Rehabbed

December 19, 2022    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, finding that landlord hadn't proved that 75...

Reduced MCI Rent Hikes Mandated by HSTPA Were Correctly Applied to Landlord's Application

December 19, 2022    

Landlord applied for MCI rent hikes in January 2019 based on elevator upgrading. The DRA ruled for landlord in October 2019. The DRA applied provisions concerning MCI rent hikes contained in HSTPA, which amended the...

Parking Was Required Service Since Garage Owner Was Building Super

December 19, 2022    

In 2017 the DHCR's Rent Administrator initiated a proceeding to determine whether parking was a required service at landlord's building. In 2018, the DRA ruled that parking wasn't a required service since...