NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can't Seek DHCR Ruling on Rent Regulatory Status of Vacant Apartment

December 19, 2022    

Tenants who moved into an apartment in June 2014 filed a DHCR service reduction complaint in 2017. The DRA ruled for tenants in 2018. Landlord filed a PAR of that order, claiming that the apartment was unregulated....

Substantial Rehab Exemption Not Available for Buildings Subject to PHFL Section 608

December 19, 2022    

Landlord filed applications with the DHCR in 2019 seeking determinations that three buildings were exempt from rent stabilization based on substantial rehabilitation.

DHCR to Reconsider Ruling That Building Hadn't Been Substantially Rehabbed

December 19, 2022    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, finding that landlord hadn't proved that 75...

Reduced MCI Rent Hikes Mandated by HSTPA Were Correctly Applied to Landlord's Application

December 19, 2022    

Landlord applied for MCI rent hikes in January 2019 based on elevator upgrading. The DRA ruled for landlord in October 2019. The DRA applied provisions concerning MCI rent hikes contained in HSTPA, which amended the...

Parking Was Required Service Since Garage Owner Was Building Super

December 19, 2022    

In 2017 the DHCR's Rent Administrator initiated a proceeding to determine whether parking was a required service at landlord's building. In 2018, the DRA ruled that parking wasn't a required service since...

No MCI Increase for Conversion to No. 4 Fuel Oil

December 19, 2022    

Landlord applied for MCI rent hikes based on installation of a new fuel oil tank and fuel line. The DRA ruled against landlord, finding that the work was an interim repair rather than a building-wide improvement....

Overcharge Issue Shouldn't Be Decided in AD Proceeding on Rent Stabilization Status

December 19, 2022    

In 2016, tenant asked the DHCR to make an administrative determination that his apartment was subject to rent stabilization. Tenant also asked the DHCR to determine the "correct legal rent." In response,...

Apartment Retained by Prior Owner as Tenant Was Subject to Rent Stabilization

December 19, 2022    

Landlord asked the DHCR in March 2017 for a ruling on an apartment's rent regulation status and monthly legal rent. Landlord said it bought the building from tenant in 2010. Tenant lived in the apartment before...

MCI Increase Granted for Gas Piping Related to New Burner Installation

December 19, 2022    

Landlord applied for MCI rent hikes based on installation of an oil/gas burner. The DRA ruled for landlord in part but denied costs for a gas piping installation. Landlord appealed and won. The DHCR acknowledged that...

DHCR and Courts Uphold HSTPA Ban on MCI Increases Where 35% or Fewer Units Are Regulated

December 19, 2022    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new roof, iron fences, and railings. The DRA ruled against landlord because 35 percent or fewer of the building's apartments were subject...

Gas Piping Cost Included as Part of Approved MCI Increase for New Burner

December 19, 2022    

Landlord applied for MCI rent hikes based on installation of an oil/gas burner. The DRA ruled for landlord in part, denying that portion of the application that sought a rent increase for installation of gas piping....

MCI Rent Increase Granted for Gas Re-piping

December 19, 2022    

Landlord applied to the DHCR for MCI rent hikes based on gas re-piping and asbestos removal. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that there were 28 outstanding HPD B violations and...