NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant's Legal Rent Must Be Based on Prior Unit's Rent After Tenant Transfers to New Unit Within Building

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,434, including interest.

Landlord Proves Base Date Rent Through Rent Receipt

March 29, 2022    

Tenant complained of rent overcharge in 2018. The DRA ruled against tenant, found no overcharge, and noted that the current legal regulated rent was $1,820 per month.

Rent Frozen at Base Date Rent Based on Landlord's Failure to Register Apartment

March 29, 2022    

Tenant complained of rent overcharge in 2017. Landlord claimed that the building wasn't rent stabilized because it contained only five apartments. The DRA ruled for tenant and ordered landlord to refund $6,835,...

Overcharge Case Reopened Because DRA Issued Order After Tenant Asked for More Time to Submit Info

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and got the case reopened for further consideration. The tenant had appealed a prior order issued by the DRA in the...

DHCR Properly Calculated Overcharge Refund Due to Tenant Getting DRIE and DSS Benefits

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $3,134, including interest. The DRA noted that since landlord had refunded to tenant an amount greater...

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'...