NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent Overcharge Occurring After Temporary Exemption Wasn't Willful

April 15, 2022    

Tenant complained of rent overcharge and improper apartment deregulation. The unit had been temporarily exempt from rent stabilization before tenant moved in, and landlord then set the next rent as deregulated, at an...

Landlord Proved Parapet Installation Was Complete

April 15, 2022    

Landlord applied for MCI rent hikes based on installation of a parapet. The DRA ruled for landlord and granted rent increases for the parapet work and installation of a sidewalk bridge during the work.

Tenant Can't Seek Exemption from MCI Rent Hike for First Time on Appeal

April 15, 2022    

Landlord applied for MCI rent hikes based on roof and/or facade work. The DRA ruled for landlord but exempted four apartments from any rent increase due to water leaks and damage to walls and ceilings. A fifth tenant...

Tenant of Formerly HUD-Subsidized Unit in Yonkers Claims Overcharge

April 15, 2022    

Landlord of a Yonkers building sought permission to proceed with the eviction of tenant who claimed she was overcharged. Tenant had filed a separate overcharge claim with the DHCR, which was pending before the DRA....

DHCR Must Consider Status of Buildings After HPD and HUD Regulatory Status Ended

April 15, 2022    

Landlord asked the DHCR in 2019 for a ruling on the rent-regulatory status of three buildings that it claimed were substantially rehabilitated by the prior building owner in the 1980s. Landlord stated that the rehab...

Landlord Must Cover Cost of Conversion from Gas to Electric Stoves

April 15, 2022    

Landlord asked the DHCR for permission to convert gas stoves and ranges to electric stoves/ranges in a rent-stabilized building. Landlord pointed out that the building's gas pipelines were over 60 years old and...

Hospital Employee Permitted to Stay in Apartment After Employment Ended Became Rent Stabilized

April 15, 2022    

Tenant asked the DHCR to determine the rent-regulated status of her apartment. Tenant said landlord never gave her a lease but that she moved into the unit in September 2008 at a monthly rent of $800 under an...

Conversion from Six to Five Apartments Didn't Remove Building from Rent Stabilization

April 15, 2022    

Tenant asked the DHCR to rule on her apartment's rent regulatory status. Tenant claimed that she was rent stabilized. Landlord argued that the building was unregulated because, although it previously contained...

Apartment Occupant Proves Succession Rights to Rent-Stabilized Apartment

April 15, 2022    

An apartment occupant complained to the DHCR that landlord refused to offer her a renewal lease. She claimed that she had succession rights to the former rent-stabilized tenant's apartment as a nontraditional...

Landlord Must Offer Tenant Renewal Lease Despite Nonprimary Residence Claim

April 15, 2022    

Rent-stabilized tenant complained to the DHCR that landlord failed to renew her lease. In response, landlord argued that tenant wasn't maintaining the apartment as her primary residence. Tenant's last lease...

DHCR Amends Rent-Controlled Apartment's Rent History to Include Missing MCI Increases

March 29, 2022    

Rent-controlled tenant complained to the DHCR of rent overcharge in 2020. Tenant said that his current monthly rent was $2,089.55. The DRA issued an order stating that the Maximum Collectible Rent (MCR) for tenant...

Late Filing of PAR Not Excused by Tenant's COVID Infection

March 29, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who then filed a PAR to appeal. The DHCR rejected tenant's PAR as untimely. Tenant acknowledged with her filing that the PAR was...