NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can Replace Individual Cooking Gas Meters with Master Meter Gas Service

September 23, 2024    

Landlord applied to the DHCR for permission to modify required services by converting from individual apartment gas meters to a master meter gas service where landlord would pay for tenants' cooking gas service....

Tenant's Lease Violation Complaint Dismissed Because He Hadn't Signed Renewal Lease

September 23, 2024    

Rent-stabilized tenant filed a lease violation complaint with the DHCR in February 2023. Tenant claimed that he had lived in the unit since 1984 and that the last renewal lease landlord provided expired on Sept. 30,...

No Rent Increase Collected While Rent-Stabilized Tenant Was Month-to-Month

September 23, 2024    

Rent-stabilized tenant complained to the DHCR in August 2019 of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA applied an incorrect base...

Willful Rent Overcharge Resulted from Unlawful and Discontinued On-Time Rent Concession

September 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $90,000, including triple damages and interest. Landlord appealed and lost. Landlord had...

Recent Amendments to Rent Fraud Provisions Not Applied Retroactively to 2019 Complaint

September 23, 2024    

Tenant complained to the DHCR in August 2019 of rent overcharge and fraudulent deregulation of his apartment. Landlord answered that the apartment was lawfully deregulated when the rent reached $2,500 in 2011, that...

Tenant Gets No Attorney's Fees from DHCR in Rent Overcharge Case

September 22, 2024    

Tenant complained to the DHCR of rent overcharge. The DRA dismissed the complaint, finding that the apartment wasn't rent stabilized. Tenant appealed and won, in part. The DHCR found that the apartment was rent...

Apartment in Building Under HPD Regulatory Agreement Was Subject to Rent Stabilization

September 22, 2024    

Tenant filed a lease violation complaint with the DHCR, claiming that landlord refused to offer him a rent-stabilized renewal lease. Tenant pointed out that he had received rent-stabilized leases from landlord in the...

Landlord Must Offer Complaining Tenant a Renewal Lease Unless He Had Moved Out

September 22, 2024    

Rent-stabilized tenant filed a lease violation complaint with the DHCR. He claimed that landlord refused to provide a timely renewal lease offer. Landlord didn't answer the complaint. The DRA ruled for tenant and...

MCI Application Reopened Based on Questions About Hazardous Violations

September 19, 2024    

Landlord applied to the DHCR for MCI rent hikes based on installation of a firestone eco white roof/skylight. The DRA ruled for landlord and increased tenants' rents. One tenant appealed, and the case was...

New Elevators Were Installed Before Useful Life of Old Elevators Expired

September 19, 2024    

Landlord applied to the DHCR for MCI rent increases based on elevator upgrading. The DRA ruled for landlord and increased tenants' rents. Tenants appealed and won in part. They claimed that landlord failed to...

Late PAR Accepted Because DRA Didn't Mail Copy of Order to Tenants' Attorney

September 19, 2024    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord and increased tenants' rents. The DHCR dismissed the tenant association's PAR because it was filed...

Apartment Vacancy-Deregulated in 2013 Was No Longer Subject to Overcharge Claim

September 19, 2024    

(Decision submitted by Mary D. Milone of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)