NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Building Wasn't in Substandard Condition Before Claimed Sub Rehab

November 24, 2024    

Landlord applied to the DHCR, seeking a determination that its building was exempt from rent regulation due to substantial rehabilitation. The DRA ruled against landlord, finding that landlord failed to prove that...

RFAI Returned to DHCR Indicated Daughter Didn't Live in Apartment

November 24, 2024    

An apartment occupant filed a lease violation complaint with the DHCR, claiming that she had lived in a rent-stabilized apartment since 1994 and that landlord failed to sign and return a renewal lease to her for the...

Building Was Substantially Rehabbed in Accordance with Rules in Effect in February 2023

November 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation. Landlord bought the building in 2022 and did the sub rehab work between April 2022 and...

Building Constructed Before 1974 and Rehabbed Wasn't Subject to Rent Stabilization

November 24, 2024    

Building tenants applied to the DHCR for a determination of the building's rent regulatory status. They claimed that the building was built before 1974, contained at least six units, and was rehabilitated with...

Landlord Can't Amend DHCR Registrations to Correct Apartment Status

November 24, 2024    

Landlord applied to the DHCR to request amendment of annual rent registrations for an apartment for the years 1990 to 2023. Landlord claimed that the apartment's status was incorrectly registered as rent...

No Rent Increases Permitted Where Tenant Refused to Sign Defective Renewal Leases

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant  and ordered landlord to refund $15,881, including triple damages. Landlord appealed and lost. Landlord claimed...

No Triple Damages Where Landlord Refunded More Than Amount Overcharged

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the total overcharge with triple damages was $140,625. But since landlord had already refunded $143,891, no refund was...

On-Time Rent Payment Clause Was Invalid

October 23, 2024    

Rent-stabilized tenant complained of rent overcharge in 2018, claiming that landlord's rent increases and claimed preferential rent were improper. The DRA ruled for tenant, finding that although the tenant's...

Tub Reglazing and Smoke Detector Installation Weren't IAIs

October 23, 2024    

After an IAI audit of tenant's apartment, the DHCR's Tenant Protection Unit (TPU) referred the matter to the DRA for processing of a rent overcharge complaint. The DRA disallowed a small portion of landlord...

DHCR Must Award Triple Damages for Post-HSTPA Overcharge Complaint

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2022. The DRA ruled for tenant and found that landlord owed tenant overcharges totalling $1,561 with interest. The DRA also found that landlord owed...

No Triple Damages Where Rent Arrears and Credit Were Greater Than Overcharge

October 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge, based on landlord's collection of the full legal regulated rent from tenant while a prior DHCR rent reduction order remained in effect. The DRA...

Apartment Was Vacancy Deregulated Before Tenant Moved In

October 23, 2024    

Tenant complained to the DHCR in 2020, claiming rent overcharge. The DRA ruled against tenant, finding that her apartment was no longer rent stabilized. Tenant appealed and lost. The base rent date for tenant's...