NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Waiver Rule Not Applied in Calculation of Rent Overcharge in 421-g Building

December 21, 2021    

Tenant complained in October 2019 of rent overcharge. Tenant moved into the apartment on Nov. 1, 2014, and paid an initial rent of $7,775 under a one-year lease. The building received 421-g tax benefits that...

Landlord Improperly Deregulated Apartment in 421-g Building

December 21, 2021    

Tenant complained to the DHCR that her apartment was unlawfully deregulated while receiving Section 421-g tax benefits and that she was overcharged. Tenant moved into the unit on Jan. 15, 2015, and paid $3,164 per...

Landlord Proves Lawful High-Rent Vacancy Deregulation of Tenant's Apartment

December 21, 2021    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the apartment had been legally deregulated.

Incorrect IAI Rent Increase Calculation Wasn't a Willful Overcharge

December 21, 2021    

The DHCR's Tenant Protection Unit (TPU) referred a rent overcharge complaint to the DRA after an audit investigation determined that the legal rent registered for an apartment wasn't fully substantiated. The...

MCI Increase Granted for New Roof and Facade Work, including Parapet Replacements

December 21, 2021    

Landlord applied for MCI rent hikes based on installation of a new roof as well as building facade restoration, pointing, and waterproofing. The DRA ruled for landlord. Tenants appealed and lost. Tenants incorrectly...

Low-Income Co-op Building Wasn't Subject to Rent Stabilization

December 21, 2021    

The DHCR started a proceeding against landlord after finding that landlord failed to register a building that was subject to rent stabilization due to receipt of J-51 tax benefits between July 1, 2017, and June 30,...

Tenants Without J-51 Lease Riders Remain Rent Stabilized

December 21, 2021    

Tenant asked the DHCR for a ruling on her rent stabilization status in 2014 after landlord sent notice that the apartment was no longer subject to rent stabilization due to expiration of the building's J-51 tax...

DHCR Must Reconsider Landlord's Substantial Rehab Claim

December 21, 2021    

Landlord asked the DHCR in 2018 for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost. Landlord...

Landlord Doesn't Prove Substantial Rehab of Building

December 21, 2021    

Landlord asked the DHCR in 2016 to determine whether its building was rent stabilized. Landlord claimed that the building was exempt from regulation due to substantial rehabilitation performed after Jan. 1, 1974....

Landlord Can Convert to Direct Electric Metering with Rent Reductions

December 21, 2021    

Landlord applied to the DHCR in 2011 for permission to modify building services in a loft building by terminating rent inclusion of electricity for tenants and changing from master metering to direct metering of...

Substantially Rehabbed Building Was Exempt From Rent Stabilization

December 20, 2021    

Landlord asked the DHCR in 2017 for a ruling on whether its building was exempt from rent regulation due to substantial rehabilitation. Landlord stated that the building was vacant when the rehab began, and that the...

Landlord Didn't Notify Rent-Controlled Tenant Before Filing Demolition Application

December 20, 2021    

Landlord applied to the DHCR for permission to demolish an eight-unit building in order to construct a two-family house. A rent-controlled tenant in the building objected, claiming that landlord wasn't acting in...