NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Repiping to Tenant's Apartment Was Installed Through Ceiling Below

March 21, 2022    

Landlord applied for MCI rent hikes based on installation of building-wide plumbing and repiping. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the kitchen of one apartment didn't...

Landlord Waited Too Long to File MCI Application

March 21, 2022    

Landlord applied to the DHCR for MCI rent increases based on installation of a boiler/burner. The DRA ruled against landlord, who appealed and lost. Rent Stabilization Code (RSC) Section 2522.4(a)(8) precludes an MCI...

Accessibility Lift Qualifies as an MCI

March 21, 2022    

Landlord applied for MCI rent hikes based on installation of a number of improvements. The DRA granted landlord's application based on installation of lobby doors and exterior service doors, but denied any rent...

Landlord Can Eliminate Fireplace Services for a $5 Monthly Rent Reduction

March 21, 2022    

Landlord, which had purchased six rent-stabilized apartments in a condominium building, asked the DHCR for permission to eliminate fireplace services in these apartments. Landlord claimed that, prior to buying the...

No Triple Damages Where Overcharge Resulted from Failure to Register Apartment

February 18, 2022    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $4,275, including triple damages.

Use of Unlicensed Contractor Didn't Bar Rent Hike for IAIs

February 18, 2022    

Rent-stabilized tenant complained of rent overcharge in February 2019. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that the last prior rent before she moved in...

Total Overcharge for SCRIE Tenant Included Interest But Not Triple Damages

February 18, 2022    

The DHCR's Tenant Protection Unit (TPU) conducted an audit investigation of an apartment's rent increases in 2017. TPU then determined that the unit's legal registered rent wasn't fully substantiated...

Landlord Proved Legal Vacancy Deregulation of Apartment in 2009

February 18, 2022    

Tenant complained of rent overcharge in 2020 and claimed that his apartment had been improperly deregulated. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment in 2009 and paid a...

DHCR Provides MBR/MCR History in Response to Tenant's Overcharge Claim

February 18, 2022    

Rent-controlled tenant filed a rent overcharge complaint in 2020. Tenant claimed that landlord charged more than the 2013 Maximum Collectible Rent (MCR) and that landlord turned off the hot water and broke a cabinet...

"C" Violations Issued After MCI Application Filing Didn't Bar MCI Rent Hike

February 18, 2022    

Landlord applied for MCI rent hikes based on pointing and waterproofing of a building facade, as well as installation of hallway/lobby windows. The DRA ruled for landlord, and tenants appealed. Tenants claimed that...

Tenant Didn't Properly Refile Rejected PAR

February 18, 2022    

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) to appeal the DRA's order granting landlord's application for MCI rent hikes. The DHCR rejected the PAR for procedural defects and...

Tenant's PAR Dismissed Based on Procedural Defects

February 18, 2022    

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) of the DRA's order granting landlord's MCI rent increase application. The DHCR rejected the PAR for procedural defects and advised...