NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Alleged Rent Ledger Was Insufficient to Prove Base Date Rent

August 22, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,355, including triple damages. Landlord appealed and lost. The DRA correctly applied a...

Landlord Can't Collect IAI Rent Increase When Default Formula Applied to Set Base Date Rent

August 22, 2022    

Three rent-stabilized co-tenants complained to the DHCR of rent overcharge. The DRA ruled for tenants and ordered landlord to refund $141,157, including triple damages. Landlord appealed and lost. The base rent date...

Hospital Employee Not Entitled to Rent-Stabilized Renewal Lease

August 22, 2022    

A hospital employee complained to the DHCR that she was rent stabilized and that landlord refused to renew her lease. The DRA ruled against the employee, who appealed and lost. The employee moved into the apartment...

Overcharge Must Be Calculated from Rent Reduction Order's Effective Date

July 24, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that, between June 1 and Aug. 31, 2016, tenant's monthly collectible rent was reduced to $1 due to a vacate order following...

Rent Overcharge Finding Unchanged 15 Years After Tenants Filed Complaint

July 24, 2022    

Rent-stabilized tenants complained of rent overcharge in 2007. The DRA ruled for tenants and ordered landlord to refund $2,951, including interest. Tenants appealed, arguing that landlord had filed fraudulent rent...

Landlord Proved Apartment Was Lawfully Deregulated

July 22, 2022    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that her rent wasn't subject to rent stabilization. Tenant appealed and lost. The DRA had reviewed records going back before the four-...

DHCR Denies Undue Delay in Deciding Deregulation Application

July 22, 2022    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA didn't decide landlord's application until November 2019. At that point, HSTPA had repealed...

Rent-Stabilized Tenant Who Overcharged Subtenant Must Pay Triple Damages

July 20, 2022    

The former subtenant of a rent-stabilized apartment sued tenant for rent overcharge. The tenant had charged subtenant $1,500 per month although tenant's rent was $1,086. The DRA ruled for subtenant and ordered...

Rent Administrator Miscalculated Overcharge Refund Due to Tenant

July 20, 2022    

Rent-stabilized tenant complained of rent overcharge based on a 2018 DHCR rent reduction order that was made retroactive to Oct. 1, 2017. The rent subsequently was restored retroactively to May 1, 2018. The DRA ruled...

No Overcharge or Rent Fraud Where Landlord Reregistered Apartment

July 20, 2022    

Rent-stabilized tenant complained of rent overcharge on June 11, 2019. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant argued that landlord had engaged in a fraudulent scheme...

Total Rent Overcharge with Triple Damages Was $311,534

July 20, 2022    

Tenant complained to the DHCR in 2015 of rent overcharge and improper deregulation of her apartment. Tenant moved in on March 1, 2014, at a monthly $4,000 rent. Landlord claimed that the apartment had been vacancy-...

Tenant's HUD-Regulated Apartment Wasn't Subject to Rent Stabilization

July 19, 2022    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that his apartment wasn't subject to rent stabilization. Tenant appealed and lost. A Memorandum of Ground Lease between landlord NYCHA...