NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Properly Applied HSTPA Provisions to Pending MCI Rent Increase Application

December 19, 2021    

Landlord applied for MCI rent hikes in June 2018 based on several improvements, including elevator upgrading, a new compactor, and a new TV/security system. The DRA ruled for landlord in part in February 2021. The...

Tenant's Roof Leak Claim Raised for First Time on Appeal

December 19, 2021    

The DRA granted landlord's application for MCI rent hikes based on installation of a new roof. Tenant appealed and lost. In her PAR, tenant claimed that there were leaks and water damage in her apartment that...

HSTPA Changes Can't Be Applied Retroactively to Appeal of MCI Rent Hikes

December 19, 2021    

Landlord applied for MCI rent hikes based on facade restoration, with related engineering fees and scaffolding. The DRA ruled for landlord in 2012. Tenants appealed and won in part. Tenants then filed an Article 78...

Boiler/Burner Conversion from Oil to Gas Wasn't an MCI

December 19, 2021    

The DRA granted landlord's application for MCI rent hikes based on installation of a new boiler/burner. Tenants appealed, claiming that landlord didn't replace the old boiler/burner. Instead, landlord...

Did Co-op Reserve Fund Usage Bar MCI Rent Hike?

December 19, 2021    

Landlord, a co-op corporation, filed an MCI rent increase application based on installation of a new burner. The DRA ruled against landlord because landlord indicated that the full cost of the burner was paid for...

Project-Based Section 8 Tenant's Son Can't File Succession Claim with DHCR

November 22, 2021    

An apartment occupant complained to the DHCR that landlord refused to give him a renewal lease after tenant, his mother, died in May 2018. The son submitted copies of his birth certificate, death certificate, NY...

Tenant's Granddaughter Gets Rent-Stabilized Apartment

November 22, 2021    

Rent-stabilized tenant's granddaughter claimed succession rights and complained that the landlord refused to offer her a renewal lease after tenant died in October 2018. Landlord responded that it had commenced...

Rent Overcharge Determined Under Default Formula Using DHCR Sampling Method

November 22, 2021    

Tenant complained to the DHCR in 2017 of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, finding that the apartment was rent stabilized. Due to landlord's failure to submit a lease...

Landlord Avoided Triple Damages by Timely Overcharge Refund

November 22, 2021    

Rent-stabilized tenant complained to the DHCR of rent overcharge and improper apartment deregulation in 2016. Landlord answered that it reasonably believed the apartment had been vacancy deregulated before tenant...

Two-Family House Was Converted to Illegal Six-Unit SRO

November 22, 2021    

In 2019, two tenants asked the DHCR in separate applications to rule on their apartments' regulatory status and to set the legal rent. The DRA ruled for tenants and found that their units were rent stabilized....

DHCR Deemed Renewal Lease for Tenant Who Had None on Date of Deregulation Order

November 22, 2021    

Landlord applied for high-rent/high-income deregulation of rent-stabilized tenant's apartment in 2016. In April 2019, the DRA ruled for landlord based on its finding that tenant's total annual household...

Apartment Rented in 1998 After Period of Temporary Exemption Was Rent Stabilized

November 22, 2021    

Tenant complained to the DHCR in 2016 that her apartment had been improperly deregulated and that she was overcharged. The DRA ruled for tenant and found that the unit was subject to rent stabilization. Landlord...