NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Conversion from Six to Five Apartments Didn't Remove Building from Rent Stabilization

April 15, 2022    

Tenant asked the DHCR to rule on her apartment's rent regulatory status. Tenant claimed that she was rent stabilized. Landlord argued that the building was unregulated because, although it previously contained...

Apartment Occupant Proves Succession Rights to Rent-Stabilized Apartment

April 15, 2022    

An apartment occupant complained to the DHCR that landlord refused to offer her a renewal lease. She claimed that she had succession rights to the former rent-stabilized tenant's apartment as a nontraditional...

Landlord Must Offer Tenant Renewal Lease Despite Nonprimary Residence Claim

April 15, 2022    

Rent-stabilized tenant complained to the DHCR that landlord failed to renew her lease. In response, landlord argued that tenant wasn't maintaining the apartment as her primary residence. Tenant's last lease...

DHCR Amends Rent-Controlled Apartment's Rent History to Include Missing MCI Increases

March 29, 2022    

Rent-controlled tenant complained to the DHCR of rent overcharge in 2020. Tenant said that his current monthly rent was $2,089.55. The DRA issued an order stating that the Maximum Collectible Rent (MCR) for tenant...

Late Filing of PAR Not Excused by Tenant's COVID Infection

March 29, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who then filed a PAR to appeal. The DHCR rejected tenant's PAR as untimely. Tenant acknowledged with her filing that the PAR was...

Tenant's Legal Rent Must Be Based on Prior Unit's Rent After Tenant Transfers to New Unit Within Building

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,434, including interest.

Landlord Proves Base Date Rent Through Rent Receipt

March 29, 2022    

Tenant complained of rent overcharge in 2018. The DRA ruled against tenant, found no overcharge, and noted that the current legal regulated rent was $1,820 per month.

Rent Frozen at Base Date Rent Based on Landlord's Failure to Register Apartment

March 29, 2022    

Tenant complained of rent overcharge in 2017. Landlord claimed that the building wasn't rent stabilized because it contained only five apartments. The DRA ruled for tenant and ordered landlord to refund $6,835,...

Overcharge Case Reopened Because DRA Issued Order After Tenant Asked for More Time to Submit Info

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and got the case reopened for further consideration. The tenant had appealed a prior order issued by the DRA in the...

DHCR Properly Calculated Overcharge Refund Due to Tenant Getting DRIE and DSS Benefits

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $3,134, including interest. The DRA noted that since landlord had refunded to tenant an amount greater...

DHCR Revokes Overcharge Finding Since Landlord Correctly Calculated MCI Rent Hikes

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge in 2016. She claimed that overcharges arose from landlord's incorrect calculation of several MCI rent hikes. The DRA ruled for tenant and found a total...

On-Time Rent Discount Doesn't Qualify as Preferential Rent

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge in 2018. He claimed that his unit had been unlawfully deregulated while the building received J-51 tax benefits. His lease also contained an on-time rent discount...