NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Revokes Overcharge Finding Since Landlord Correctly Calculated MCI Rent Hikes

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge in 2016. She claimed that overcharges arose from landlord's incorrect calculation of several MCI rent hikes. The DRA ruled for tenant and found a total...

On-Time Rent Discount Doesn't Qualify as Preferential Rent

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. He claimed that his unit had been unlawfully deregulated while the building received J-51 tax benefits. His lease also contained an on-time rent discount...

DHCR Applies Regina Case Four-Year Rule to Set Base Date Rent and Calculate $64K Overcharge

March 29, 2022    

Tenant complained of rent overcharge and fraudulent deregulation in 2017. He moved into the apartment at an unregulated rent of $3,995 in 2009. By the time he filed his complaint his monthly rent was $6,052. Tenant...

Landlord Proved IAI Costs

March 23, 2022    

Rent-stabilized tenants complained of rent overcharge in 2017. They questioned a rent increase for individual apartment improvements (IAIs) charged by landlord. The DRA ruled against tenants, who appealed and lost....

Landlord Proved Apartment Was Deregulated 12 Years Before Overcharge Complaint

March 23, 2022    

Tenant moved into his apartment in 2007 under a five-month lease at a rent of $1,200 per month. In 2017, tenant complained to the DHCR of rent overcharge and improper deregulation of the apartment. Landlord claimed...

Contractor Who Performed IAIs Shared Identity of Interest with Landlord

March 23, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and got the case reopened. Tenant questioned individual apartment improvements (IAIs) that landlord claimed...

On-Time Rent Payment Discount Wasn't Preferential Rent

March 23, 2022    

Rent-stabilized tenant complained of rent overcharge resulting from an on-time rent discount provision in her lease. The lease rider gave tenant a preferential rent but stated that, if the preferential rent wasn'...

DHCR Can't Rule on Landlord's Failure to Return Security Deposit

March 23, 2022    

Rent-stabilized tenant complained to the DHCR of rent overcharge after moving out of her Yonkers apartment. She claimed that landlord charged her two months' security deposit when she moved in, along with two...

No Triple Damages Where Landlord Inadvertently Failed to Preserve Preferential Rent

March 23, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018 and claimed fraud by landlord after landlord discontinued a claimed preferential rent. The DRA ruled against tenant and found no overcharge.

Landlord Must Refund $198K for Overcharge Resulting from Rent Reduction Order

March 23, 2022    

The DHCR's Tenant Protection Unit (TPU) completed an audit of an apartment's rent and found that the legal registered rent wasn't fully substantiated. The TPU directed landlord to reset the legal rent,...

Landlord Offered No Timely Excuse for Failing to Offer Renewal Lease

March 23, 2022    

Rent-stabilized tenant filed a lease violation complaint with the DHCR. He claimed that he moved into the Yonkers apartment in 2012 at a monthly rent of $520 without a written lease. His last lease was for two years...

Landlord Must Execute Renewal Lease Tenant Signed Even Though It Later Terminated Tenancy

March 22, 2022    

In 2020, rent-stabilized tenant complained to the DHCR that landlord refused to sign and return to tenant a fully executed renewal lease that tenant had signed. Tenant also said that landlord wasn't accepting his...