NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Divorced Tenants Maintained Rent-Controlled Status in Two Separate Apartments

May 17, 2022    

Tenant A, living in Apt. 6, and Tenant B, living in Apt. 11, asked the DHCR in 2016 to determine their regulatory status and the rents for their apartments. They claimed that Tenant B rented Apt. 6 in 1957 and that...

Landlord Can't Amend Rent Registration to "Temporarily Exempt"

May 17, 2022    

Landlord asked the DHCR in 2021 for permission to amend an apartment's annual rent registrations for the years 2015 through 2019. The apartment had been registered as rent stabilized, but landlord claimed that it...

DHCR Complied with HSTPA by Dismissing Pending LD Applications

May 17, 2022    

Landlord filed three separate applications for high-rent/high-income deregulation of apartments in its building in 2018. In November 2019, the DRA dismissed all three applications based on the June 14, 2019,...

Final Notice of Treble Damages Wasn't a Rent Overcharge Determination

May 17, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2014. The DRA found no overcharge and ruled against tenant. Tenant appealed and lost. The four-year base date rent was $810.42. The rent was later...

Doctor/Dentist Offices Needn't Be Registered as Rent-Stabilized Units

May 16, 2022    

The DHCR's Rent Administrator issued a Notice of Proposed Action to landlord in 2020, noting that DOF records indicated that landlord's building received J-51 tax benefits for the period between July 1, 2017...

Landlord's Proof of Emergency Condition Didn't Warrant Useful Life Waiver

May 16, 2022    

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled against landlord, finding that a prior MCI order had been granted for an elevator upgrade in 2005. Therefore, landlord hadn't...

Remediation of "C" Violations Permitted Approval of MCI Application

May 16, 2022    

Landlord applied for MCI rent hikes based on an elevator upgrade. Among other things, tenants claimed that there were "C" violations on file with HPD that hadn't been corrected and therefore should bar...

Con Ed Steam Heat System Had 50-Year Useful Life

May 16, 2022    

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on the installation of new boilers and burners. Tenants appealed, claiming that the installation of new boilers/burners,...

Terra Cotta Rainscreen Recladding System Qualified as MCI

May 16, 2022    

Landlord applied for MCI rent hikes based on resurfacing exterior walls, along with related fees for a structural engineer, design architect, technical architect, and environmental fees. The DRA ruled for landlord....

DHCR Didn't Unreasonably Delay Processing Landlord's 2017 Deregulation Application

April 17, 2022    

Landlord filed an application for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. In November 2019, the DRA denied landlord's application based on the June 14, 2019, passage...

DHCR Properly Denied Deregulation Applications Filed in 2019

April 17, 2022    

Landlord applied for high-rent/high-income deregulation of six separate apartments in early 2019. While these applications were pending on June 14, 2019, the HSTPA prospectively repealed luxury deregulations of the...

Landlord Challenges Legal Fees Awarded to Tenant in Overcharge Case

April 17, 2022    

A Mount Vernon tenant complained of rent overcharge. The DRA ruled for tenant and awarded him attorney's fees. Landlord appealed and argued that, because tenant was represented by Legal Services of Hudson Valley...