NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

IAI Rent Increases Reinstated on Appeal of Overcharge Ruling Proved Lawful Vacancy Deregulation

January 25, 2023    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf prior to enactment of HSTPA amendments to the rent stabilization base date. The DRA ruled for tenant and directed...

Some Claimed IAI Costs Were Insufficiently Documented

January 25, 2023    

Tenant complained to the DHCR of rent overcharge and a lease violation, claiming that his apartment had been improperly deregulated. Landlord argued that the unit was vacancy-deregulated after adding a 1/40th rent...

Longevity Increase Applied When Vacancy Lease Was Due to Adding Roommates as Tenants

January 24, 2023    

Rent-stabilized tenant complained prior to June 14, 2019, of rent overcharge and that landlord failed to offer a proper renewal lease. The DRA ruled for tenant, finding that landlord was entitled to a vacancy rent...

Rent-Stabilized Tenant Overcharged Roommate

January 24, 2023    

The roommate of a rent-stabilized tenant complained to the DHCR that the tenant had overcharged him. The DRA ruled for the roommate and ordered tenant to refund $10,220 without noting any assessed interest or triple...

DHCR Grants Pass-on Rights to Son While Tenant "Temporarily Exempt" from Primary Residence Requirements

January 24, 2023    

A rent-controlled tenant's son asked the DHCR for a ruling that he had succession rights to tenant's apartment. The DRA ruled for the son. Landlord appealed and lost. The DHCR pointed out that, in a prior...

CAB Expulsion Order Ended When Prior Tenant Died

January 24, 2023    

Tenant asked the DHCR in 2018 for a ruling that he had succession rights to a rent-stabilized apartment. The DRA ruled against tenant, finding that he was the first rent-stabilized tenant of the unit. Tenant and...

Formerly Rent-Controlled Apartment Became Stabilized Under 1983 Agreement with HPD

January 23, 2023    

Tenant asked the DHCR in 2020 for a ruling that his apartment was rent controlled. He said he had lived in the unit with his parents since 1942, and submitted a 2017 housing court order indicating that the unit was...

Landlord Can't Get 20 Percent Vacancy Increase from Second Successor Tenant

January 23, 2023    

An apartment occupant asked the DHCR to determine his apartment's rent-regulated status and to rule that he had succession rights to the unit. In response, landlord argued that the occupant would be the second...

Landlord Fails to Demonstrate That Building Was Substantially Rehabbed

January 23, 2023    

Landlord applied in 2022 for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. After it bought the building in 2015, landlord commenced renovations in...

Stucco Stonework Qualified as Part of Approved MCI for Pointing

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on pointing and related architect fees. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that stucco stonework performed at the building,...

Installation of New Floors in Building's Public Areas Qualified as an MCI

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of public area floors on a building-wide basis. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the installation of new...

Useful Life of Prior Mixed Wood-Aluminum Windows Had Expired

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of new windows. After the DRA ruled for landlord in 2011, tenants appealed and lost. Tenants claimed that the useful life of the prior windows...