NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

MCI Rent Increase Order Not Affected by DOB Stop-Work Order Issued Later

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on the installation of building-wide rewiring. The DRA ruled for landlord, and tenants appealed. Tenants claimed that some of the room counts listed in landlord...

Landlord Cost for Gas Re-Piping MCI Was Lower Than DHCR's Reasonable Cost Limit

January 23, 2023    

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on building-wide gas re-piping. Tenants appealed and lost. Tenants claimed that the cost for the work claimed by landlord...

HSTPA Lawfully Reduced the Amount of Permissible MCI Rent Hikes While Landlord's Application Pending

January 23, 2023    

Landlord applied for MCI rent hikes on March 29, 2019, based on exterior building restoration work. The DRA ruled for landlord. However, because the HSTPA amended the rent stabilization and rent control laws...

HSTPA Now Bars MCI Rent Hikes If 35 Percent or Fewer Apartments in Building Are Rent Regulated

January 23, 2023    

Landlord applied for MCI rent hikes based on installation of windows and an intercom system. The DRA ruled against landlord because the Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended the rent...

State Law Now Bars Collection of A/C Surcharge from Rent-Regulated Tenants in Electrical Exclusion Buildings

December 20, 2022    

Effective Nov. 21, 2022, Chapter 619 of the Laws of the State of New York of 2022 prohibits owners of rent-stabilized and rent-controlled apartments in "electrical exclusion" buildings from the continued...

Rent Act of 2015 Didn't Preclude Vacancy Deregulation of Tenant's Apartment

December 19, 2022    

Tenant complained to the DHCR of rent overcharge in 2017. She had moved into the apartment in August 2016 at an initial rent of $2,850. Landlord claimed that the apartment was vacancy deregulated when tenant moved in...

Landlord Must Refund Overcharge Resulting from Rent Reduction Order

December 19, 2022    

Rent-stabilized tenant complained of rent overcharge based on landlord's failure to comply with a prior DHCR rent reduction order. The DRA found that the legal base date rent was $1,135.18 per month. But the base...

No Proof of Improper Commercial Rental to Prior Tenant

December 19, 2022    

Tenant complained to the DHCR of rent overcharge, and claimed that his apartment had been fraudulently rented for commercial use before he moved in. The DRA ruled against tenant, finding that the base date rent four...

Landlord Properly Calculated a 1/40th Rent Increase for IAIs

December 19, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant after finding that the apartment had been vacancy-deregulated in 2009. Tenant appealed and lost. Landlord proved the deregulation through...

Apartment Was Vacancy-Deregulated After Gut Renovation

December 19, 2022    

Tenants complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenants, who appealed and lost. The DHCR found that the DRA had properly determined that the apartment was properly deregulated more...

DHCR Improperly Decided Overcharge Issue in AD Proceeding for Regulatory Status Determination

December 19, 2022    

Tenant asked the DHCR for an administrative determination (AD) that his apartment was rent stabilized and to set the legal rent. Tenant claimed that he moved into the unit in 2008 and that landlord had fraudulently...

Prior Mortgage Agreement Didn't Prevent Rent Stabilization Coverage After Rent-Controlled Tenant Vacated

December 19, 2022    

In 2016, tenant asked the DHCR for an administrative determination (AD) that his apartment was subject to rent stabilization. Tenant complained that landlord claimed the apartment was rent controlled. The DRA ruled...