NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Proof of Payment Required to Prove Building Was Substantially Rehabbed

August 22, 2022    

Landlord applied in 2020 for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord claimed that the building was in a substantially deteriorated condition due to a...

Building Was Exempt from Rent Stabilization Due to Substantial Rehab

August 22, 2022    

Landlord applied in 2019 for a DHCR ruling that its building was exempt from rent stabilization based on substantial rehabilitation. Landlord bought the building in 2008, and submitted proof, including DOB job...

Tenant's Grandson Gets Rent-Controlled Apartment

August 22, 2022    

Landlord asked the DHCR for a ruling on the rent regulatory status of an apartment. A rent-controlled tenant had lived in the apartment until her death in 2016. Tenant had continued to pay rent although she bought a...

DHCR Withdrew Proceeding Based on Claims Raised in Landlord's Housing Court Proceeding

August 22, 2022    

In June 2015, tenant filed a service reduction complaint with the DHCR but the DRA terminated the proceeding after tenant withdrew the complaint in January 2016. Tenant filed another service reduction complaint in...

Tenant Needn't Give Landlord Prior Notice Before Filing Service Reduction Complaint

August 22, 2022    

Rent-stabilized tenant complained to the DHCR of a reduction in services. DHCR inspection confirmed that landlord failed to maintain the kitchen cabinet, sink, entry door frame alignment, paint and plaster in the...

Landlord Proved Quick Hot Water Service Restoration

August 22, 2022    

Rent-stabilized tenant complained to the DHCR on Feb. 25, 2022, of a reduction in services based on a lack of hot water. The DRA ruled for tenant and reduced his rent. Landlord appealed and won. Landlord showed that...

Landlord Can Replace Gas Stoves with Electric Stoves, Without Rent Reduction

August 22, 2022    

Landlord asked the DHCR for permission to modify required services by substituting electric stoves for gas stoves. The DRA ruled for landlord. Tenants appealed and lost. The DHCR had ruled in other cases that...

Relocation of Laundry Services Results in $30 Monthly Rent Reduction

August 22, 2022    

Landlord asked the DHCR for permission to modify laundry room services at its building by eliminating the small laundry rooms on each floor, which each contained one washing machine and one dryer, and replacing them...

On-Time Rent Discount Was Improper and Resulted in Rent Overcharge

August 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,662, including triple damages. Tenant's lease listed a legal rent of $2,124.25 per...

DHCR Can Examine Pre-Base Date Rent History to Determine If Unit Was Properly Deregulated

August 22, 2022    

Tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant and ordered landlord to: (a) refund $43,575 including triple damages; (b) offer tenant a rent-stabilized...

No Rent Overcharge Found Due to Preferential Rent Paid

August 22, 2022    

Rent-stabilized tenant complained to the DHCR of a rent overcharge. The DRA ruled against tenant, who appealed and won in part. Tenant argued that the DHCR should look back beyond the four-year base date due to fraud...

DHCR Added Previously Disallowed IAI Costs to Legal Rent

August 22, 2022    

Tenant complained in 2016 that her apartment had been improperly deregulated and that she was overcharged. The DRA ruled for tenant, finding that tenant's legal regulated vacancy rent was $2,526 and that the...