NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Proved It Sent Renewal Lease to Tenant

May 24, 2022    

Rent-stabilized tenant complained to the DHCR in February 2021 that landlord refused to renew her lease. Landlord responded and said that it offered tenant a lease renewal on Aug. 31, 2020, but that tenant failed to...

Tenant Had Insufficient Proof to Warrant Investigation for Rent Fraud

May 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled against tenant, finding no overcharge. The DRA also found insufficient proof to support a colorable claim of fraudulent conduct by landlord...

New Landlord Must Refund Overcharge Collected by Prior Landlord

May 24, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint on tenant's behalf in 2017, and claimed that the $2,700 rent charged by landlord in December 2014 constituted an overcharge. For the...

Outstanding Rent Reduction Order Resulted in $219K Overcharge

May 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and froze the $1,600 base date rent at $500 due to an outstanding rent reduction order. The DRA directed landlord to refund $219,...

Unit Deregulated Before June 2019 Remained So Despite Appeal Decided Post-HSTPA

May 17, 2022    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2011. The DRA ruled against landlord in 2015, finding that the building received J-51 tax benefits and that none of...

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...