NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Housing Court Should Determine Amount of Overcharge in Nonpayment Case

November 22, 2022    

Tenant complained to the DHCR of rent overcharge in 2009. The DRA ruled against tenant, finding that the apartment wasn't subject to rent stabilization because it became vacant on or after June 19, 1997, with a...

No Fraud Found in Connection with Rent Overcharge

November 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on overcharges occurring while a DHCR service reduction order was in effect. But no refund was ordered based on tenant...

Landlord Responsible for Tenant's Overcharge of Subtenant

November 22, 2022    

A subtenant filed a rent overcharge complaint against rent-stabilized tenant for rent overcharge. The DRA ruled for subtenant and ordered the tenant to refund $54,000. The DRA found that landlord wasn't...

Tenant's Apartment Was Properly Vacancy-Deregulated

November 22, 2022    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. Landlord argued that the apartment had become vacancy-deregulated in March 2012. The DRA agreed and ruled against tenant,...

Rent Overcharge Wasn't Willful

November 22, 2022    

The roommate of prior rent-stabilized tenant complained of rent overcharge in 2015. The DRA ruled for the roommate, found that she was a lawful successor tenant, and ordered landlord to refund $6,757, including...

Landlord Can't Amend Rent Amount Registered

November 22, 2022    

Landlord requested an administrative determination (AD) from the DHCR in 2021, seeking permission to amend its 2018 building registration summary and apartment registration for one apartment. Landlord said that the...

No Proof Landlord Combined Units to Create New, Unregulated Unit

November 22, 2022    

Tenant filed an application with the DHCR in 2015 for an administrative determination (AD) that his apartment was subject to rent stabilization. Tenant claimed that he moved into apartment 12 in 1987 without a lease...

Landlord Must Add Tenant's Wife's Name to Rent-Stabilized Renewal Lease

November 22, 2022    

Rent-stabilized tenants, a married couple, filed a lease violation complaint with DHCR. They claimed that landlord didn't include the wife's name in its 2021 renewal lease offer and that it failed to deduct a...

Tenant's DHCR Lease Complaint Issues Already Pending in Court Case

November 22, 2022    

Tenant filed a lease violation complaint with the DHCR. He claimed that the renewal lease landlord offered, to start on May 1, 2019, wasn't offered on the same terms and conditions as the expiring lease. Tenant...

Landlord Improperly Deregulated Apartment While Building Received J-51 Benefits

November 22, 2022    

Tenant sought a ruling that his apartment had been improperly deregulated. The DRA ruled for tenant, and landlord appealed and lost. Landlord then filed an Article 78 court appeal. The DHCR agreed to take the case...

Son of Rent-Controlled Tenants Is First Successor, Not Second

November 22, 2022    

Tenant filed an application with the DHCR for an administrative determination (AD), claiming rights as a first successor tenant to his parents' rent-controlled apartment. Tenant said that his parents signed a...

DHCR Mistakenly Directed HDFC Co-op to Register as Rent Stabilized

November 17, 2022    

The DHCR's Rent Administrator started a proceeding after finding that landlord failed to register its building as rent stabilized for 2018. The DRA made this determination based on review of NYC DOF records...