NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Didn't Reregulate Deregulated J-51 Apartment Post-Roberts

January 25, 2022    

Tenant complained of improper apartment deregulation and rent overcharge. Tenant moved into the apartment in 2012 at an initial rent of $2,100 per month. The building was subject to a J-51 tax benefit from July 1,...

Tenant Waited Until PAR Filing to Seek Attorney's Fees

January 25, 2022    

Tenant complained of improper apartment deregulation and rent overcharge. Tenant moved into the apartment in 2012 at an initial rent of $2,100 per month. The building was subject to a J-51 tax benefit from July 1,...

Tenant Refunded Overcharge to Subtenants While Complaint Was Pending

January 25, 2022    

Subtenants complained that rent-stabilized tenant had overcharged them. The DRA ruled for the subtenants, finding that there was an overcharge of $19,467, including triple damages. Rent-stabilized tenants can't...

Landlord Proved IAIs Costing $65K Resulted in Vacancy Deregulation

January 25, 2022    

Tenant complained of improper deregulation of his apartment and rent overcharge. The DRA ruled against tenant, finding that the unit had been vacancy deregulated before tenant took occupancy in 2016.

Landlord's Production of Base Date Lease Reduced Overcharge from $102,000 to $600

January 25, 2022    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint with the DRA on tenant's behalf after conducting a TPU audit investigation of tenant's apartment. The TPU claimed that the unit...

Landlord Reduced Tenant's Rent Prior to Rent Overcharge Finding

January 24, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in part, finding there had been an overcharge that had been refunded, so no money was owed to tenant.

No Overcharge Where Tenant's Rent Was Never Increased

January 24, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA found no overcharge and dismissed the complaint in 2021. Tenant appealed and won in part. The DRA erred in setting a four-year base date as March...

No Fraud Found Where Landlord Improperly Deregulated Apartment

January 24, 2022    

Tenant complained of rent overcharge in 2016. The DRA ruled for tenant in part in 2018, and ordered landlord to refund $1,695 in excess security deposit. Tenant appealed and lost. Tenant claimed that her apartment...

Landlord Seeks Ruling on Deregulation Status Through Rent Registration Amendment Application

January 24, 2022    

In August 2014, landlord asked the DHCR to amend annual apartment registrations for 80 units in its building. Landlord claimed that the prior landlord had in recent years incorrectly registered deregulated apartments...

Two Buildings Constitute HMD Subject to Rent Stabilization

January 24, 2022    

Prior landlord asked the DHCR in 1996 to rule on whether its five-apartment building located at 11 West 84th Street in Manhattan was exempt from rent stabilization. Landlord's next-door building at 11 1/2 West...

Landlord Can Convert Steam Pipe/Radiator System to Electric Baseboard Heat System

January 24, 2022    

Landlord asked the DHCR for permission to modify its building's central heating system from a steam pipe/radiator system to an electrical baseboard heating system with individual baseboard units in each apartment...

Was Tenant's Income Below High-Rent/High-Income Deregulation Threshold?

January 24, 2022    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2011. The DRA ruled for landlord in 2017 after the Dept. of Taxation and Finance (DTF) couldn't make a tax...