NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can't Amend Prior Rent Registration to Reflect Vacancy Deregulation

November 19, 2021    

After new management discovered some rent registration errors, landlord sought permission from the DHCR in July 2020 to amend some annual apartment registrations. The DRA granted in part landlord's request to...

Two Buildings Were Horizontal Multiple Dwelling Subject to Rent Stabilization

November 19, 2021    

The DHCR initiated an Administrative Determination (AD) proceeding to determine whether two buildings together formed a horizontal multiple dwelling (HMD) subject to rent stabilization. Landlord claimed that the...

Landlord Fails to Prove Building Was Substantially Rehabbed

November 19, 2021    

Landlord applied to the DHCR in 2019 for a ruling that its building was exempt from rent regulation due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. Landlord bought the...

Apartment Was Deregulated in 2011 Based on IAI Rent Increase

October 27, 2021    

Tenant complained in 2016 of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA found that landlord performed individual apartment improvements (IAIs)...

Landlord Mistakenly Deregulated J-51 Building Apartment Before 2009

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and directed landlord to refund $11,308, including interest and triple damages. Landlord appealed and won in part. Landlord had...

HSTPA Rent Overcharge Provisions Didn't Apply to Complaint

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant prior to HSTPA enactment and ordered landlord to refund $15,259, including interest and triple damages. Tenant appealed, claiming that...

Landlord Knew About Rent Reduction Order and Willfully Overcharged Tenant

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $3,700, including triple damages. Landlord appealed and lost. Landlord claimed that there was no...

Triple Damages Didn't Apply for Period of Rent Overcharge in Pre-HSTPA Case

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and directed landlord to refund a total overcharge of $2,792, including interest. Tenant appealed and lost. Tenant claimed that...

Apartment Was Vacancy Deregulated Based on Cost of IAIs

October 27, 2021    

Tenant complained to the DHCR of rent overcharge in 2016. The DRA ruled against tenant, finding that the apartment was no longer subject to rent stabilization. Tenant appealed and lost. Tenant claimed that the unit...

Tenant Can Withdraw Overcharge Complaint to Pursue Matter in Court

October 27, 2021    

Tenant complained to the DHCR of rent overcharge before landlord sued to evict her in 2011. In 2015, the DRA ruled that, in light of the improper deregulation of the apartment and questions concerning the validity of...

Buildings Together Were Horizontal Multiple Dwelling Subject to Rent Stabilization

October 27, 2021    

Two tenants complained of rent overcharge. The DRA ruled against them, finding that the building had only four apartments and therefore wasn't rent stabilized. Tenants appealed and won. Tenants claimed that the...

No Overcharge Where Missing Registrations Filed Before Ruling

October 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,828, including interest. Landlord and tenant both appealed. Landlord argued that any overcharge was...