NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Triple Damages Didn't Apply to Overcharge Refunded in Response to Pre-HSTPA Complaint

February 22, 2023    

Rent-stabilized tenant complained of a rent overcharge in 2018 that he argued resulted from landlord's claimed individual apartment improvement (IAI) costs. Landlord agreed there was an overcharge and refunded...

Landlord Didn't Document Preferential Rent in Renewal Leases

February 22, 2023    

A Yonkers rent-stabilized tenant filed a specific rent overcharge complaint with the DHCR in 2018. He argued that his 2015 vacancy lease set forth a legal regulated rent (LRR) of $957 per month and a preferential...

DHCR Can Consider Pre-Base Date Overcharge Ruling When Deciding New Complaint

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant, finding that the base rent date was June 1, 2011, which was six years prior to the filing of tenant's complaint and finding...

Landlord Proved Costs for Rent Increase Based on IAIs

February 22, 2023    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA ruled for tenant and found a total overcharge of $1,864. Tenant appealed and lost. Tenant questioned landlord's claim that it spent $...

Landlord Waived Rent Increase for Two-Year Renewal Lease Period

February 22, 2023    

Rent-stabilized tenant complained to the DHCR in 2017 of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $5,120 with triple damages. But, since tenant owed landlord $14,975 in back rent, no...

Building Was Exempt from Rent Stabilization Due to Substantial Rehab

February 21, 2023    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization because it had been substantially rehabilitated between November 2013 and September 2014. The DRA ruled for landlord. One...

Landlord Properly Treated Den as a Sixth Room in Apartment

February 21, 2023    

Landlord applied for MCI rent hikes based on installation of a new roof. The DRA ruled for landlord and increased tenants' rents. One tenant appealed, claiming that the DRA incorrectly found that his unit had six...

DHCR Upholds Rent Hikes for Revoked Hardship Increase to Allow for MBR Increase

February 21, 2023    

Landlord, the owner of various rent-controlled apartments in adjoining condominium buildings, filed a hardship rent increase application with the DHCR under rent control regulations Section 2202.8 based on its...

Hardship Rent Increases for Rent-Controlled Tenants in Co-op Modified

February 21, 2023    

Landlord, the owner of unsold shares of four rent-controlled apartments in a co-op building, filed a hardship rent increase application with the DHCR under rent control regulations Section 2202.8 in 1996 based on its...

DHCR Denies Comparative Hardship Applications Filed by Individual Co-op Unit Owners

February 21, 2023    

In two similar cases, the DHCR addressed applications by individual shareholder-tenants who sought comparative hardship rent increases for rent-stabilized apartments that each individual held in their respective...

Overcharge Resulted from Base Date Rent Freeze for Failure to Register

February 21, 2023    

Tenant complained of rent overcharge and improper deregulation of her apartment. Tenant moved into the unit on June 1, 2016, under a non-stabilized lease at a rent of $2,500 per month. Landlord had registered the...

HSTPA Supersedes Prior Settlement Agreement That Phased Out Tenant's Preferential Rent

February 21, 2023    

Rent-stabilized tenant filed a lease violation complaint with the DHCR in April 2022. His renewal lease commencing May 1, 2021, had listed a legal regulated rent (LRR) of $1,644.07 per month and a preferential rent (...