NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Proposed Video Surveillance System Wasn't Adequate Substitute for Second Doorman

February 21, 2023    

Landlord asked the DHCR for permission to modify doorman services at two adjoining addresses. Landlord sought to eliminate one of its two doormen and add a video security system and intercom.

Building with Illegal SRO Units Contained at Least Six Housing Accommodations

February 21, 2023    

Tenant asked the DHCR for a ruling on whether his apartment was subject to rent stabilization, claiming the pre-war building at one point contained six apartments. Landlord claimed that the building contained fewer...

Landlord Can Replace Oil Heat System with Electrical Heating System

February 21, 2023    

Landlord asked the DHCR for permission to substitute a rent-stabilized building's steam radiator/pipe heating system with electric split HVAC units in each apartment that would be wired to the building's...

Four-Family Brownstone with at Least Two Additional Apartments Was Rent Stabilized

February 21, 2023    

Tenant complaied to the DHCR, claiming that she was rent stabilized and that landlord refused to give her a lease. Landlord argued that the building was a four-family brownstone building and therefore not subject to...

Landlord Can Replace Part-Time Lobby Attendant with Video Surveillance System

February 21, 2023    

Landlord asked the DHCR for permission to modify building-wide services in a rent-stabilized building by replacing a lobby attendant who worked 30 hours per week with 30 security cameras and a monitoring system. The...

Landlord Submitted Insufficient Proof of Substantial Rehab

February 21, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation in 2021. The DRA ruled against landlord, who appealed and lost. Landlord argued that...

Buildings Rehabbed Under Land Disposition Agreement with HPD Remain Rent Stabilized

February 21, 2023    

Landlord applied to the DHCR for rulings that five buildings had been substantially rehabilitated between 1985 and 1987. The DRA ruled against landlord, finding that the buildings were rehabbed under a NYC Urban...

Landlord Can't Explain Why Tenants Were Treated as Rent Stabilized After Claimed Sub Rehab

February 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, after landlord failed to submit requested leases, renewal...

Rent Overpayment Between Effective Date and Issuance Date of Rent Reduction Order Not Due to Willful Overcharge

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, finding a total overcharge of $127.91. No triple damages were imposed. And since tenant owed unpaid rent to landlord...

Landlord Proved Apartment Was Vacancy-Deregulated Before Tenant Moved in

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been vacancy-deregulated six years before tenant moved in. Tenant...

Building Was Exempt from Rent Stabilization Based on Prior DHCR Finding of Substantial Rehab

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and claimed that his apartment had been unlawfully deregulated. The DRA ruled against tenant and dismissed the case. Tenant appealed and lost. In a prior decision, the...

Landlord Who Refunded Overcharge Before Final Notice Avoids Triple Damages in Pre-HSTPA Case

January 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. In July 2022, the DRA sent landlord a final notice that triple damages would be imposed on an overcharge of $8,748 based on incorrect rent...