NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No MCI Increase for Professional Consulting Services for Elevator Upgrade

October 24, 2022    

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord in part, granting the increase for the upgrade but denying any increase for costs claimed in connection with cleaning and...

DHCR Mistakenly Issued Second Temporary MCI Rent Increase Modification Order

October 24, 2022    

In September 2018, the DHCR's Rent Administrator issued an order modifying a prior MCI rent increase order, by modifying the rent increase for parapets temporarily due to a J-51 tax abatement offset for the work...

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

October 24, 2022    

Landlord applied in 2016 for high-rent/high-income deregulation of tenant's rent-stabilized apartment, claiming that the legal regulated rent (LRR) was $2,700 per month and requesting verification of whether...

MCI Increase Granted for New Security System

September 28, 2022    

(Decision submitted by Mary D. Milone, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Can Replace Doorman with Remote Concierge and Guard Service

September 28, 2022    

(Decision submitted by Jillian Bittner, Esq. of the Williston Park law firm of Horing Welikson Rosen & Digrugilliers PC, attorneys for the landlord.)

Prior DHCR Ruling Didn't Consider Whether Building Was Substantially Rehabbed

September 28, 2022    

(Decision submitted by Dawn R. Myers, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord asked the DHCR for a...

Removal of Rent-Stabilized Tenants' Storage Space Warranted Rent Reduction

September 26, 2022    

Tenants complained to the DHCR of a reduction in building-wide services. They said that landlord began charging fees for storage lockers when storage was previously provided free of charge as a required service for...

Apartment Was Improperly Deregulated But There Was No Overcharge

September 26, 2022    

Tenant complained that landlord failed to renew her lease, along with improper apartment deregulation and rent overcharge. Landlord claimed that the unit had been vacancy deregulated.

Increase in Registered Stabilized Rent Didn't Support Colorable Claim of Fraud

September 26, 2022    

Tenant complained to the DHCR of rent overcharge, claiming that landlord engaged in a fraudulent illusory tenancy scheme. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant...

Rent Overcharge Resulting from SCRIE Error Not Willful

September 26, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,528, including interest. Landlord appealed and lost. Landlord argued that the case should have been...

DHCR Can't Rule on Utility or Damage Issues in Case of Tenant Overcharging Subtenant

September 26, 2022    

A subtenant complained to the DHCR that he was overcharged by a rent-stabilized tenant. The DRA ruled for the subtenant and ordered tenant to refund $8,035. Tenant appealed and lost. Tenant asked the DHCR to modify...

Successor Rent-Controlled Tenant Must Pay Hardship Rent Increase

September 26, 2022    

Rent-controlled successor tenant complained of rent overcharge. The monthly rent had been $39.10 per month. Tenant claimed that, after her father, the prior tenant, died, landlord raised the monthly rent to $443.23....