NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can't Amend 2002 Registration for Claimed Error

October 26, 2021    

Landlord asked the DHCR in 2019 to amend a 2002 rent registration for an apartment that it claimed was mistakenly registered as temporarily exempt instead of permanently exempt. The DRA ruled against landlord, who...

Landlord Can't Prove Building Exempt Due to Substantial Rehab

October 26, 2021    

Landlord requested a ruling from the DHCR in 2015 concerning a building's rent regulation status, and claimed that the building had been substantially rehabilitated in 2000. The DRA ruled against landlord,...

Successor Tenant Not Entitled to Prior Rent-Stabilized Tenant's Preferential Rent

October 26, 2021    

Landlord asked the DHCR in 2017 to determine if it could give the former rent-stabilized tenant's successor tenant a renewal lease based on the prior tenant's legal regulated rent. After the prior tenant...

Landlord Must Wait Until Next Registration Cycle to Correct Apartment Status Error

October 26, 2021    

Landlord asked the DHCR to amend its 2017 apartment registration and to expunge 2018 and 2019 registrations for the same apartment. Landlord claimed that the unit had previously been deregulated in January 2017 due...

Landlord Can't Bypass Final Court Ruling Through DHCR Application

October 26, 2021    

In 2018, landlord asked the DHCR for a ruling on an apartment's rent-regulatory status. Landlord claimed that the building was a two-family dwelling built in 1942 and therefore wasn't subject to rent...

Landlord Had No Proof of Vacancy Deregulation Based on Gut Rehab

October 26, 2021    

Tenant asked the DHCR to determine whether her apartment was rent stabilized. The DRA ruled for tenant and ordered landlord to offer tenant a rent-stabilized lease and to register the apartment.

Landlord Can't Amend Rent Registrations to Change Apartment Status

October 26, 2021    

Landlord asked the DHCR in 2019 for permission to amend its annual rent registration summaries for 2016 and 2017 by removing an apartment from the total rent-stabilized units and adding it to the total number of...

DHCR Upholds Application of HSTPA to Dismiss Luxury Deregulation Application

October 26, 2021    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017 after tenant failed to respond to the Income Certification Form (ICF) that landlord had sent him. In November...

Newly Created Apartment Constructed in 2008 Was Deregulated

September 27, 2021    

Tenant complained that his apartment had been improperly deregulated. The DRA ruled against tenant, finding in 2018 that the apartment was a newly created unit, that the first legal rent was above the $2,000 high-...

Fair Market Rent Appeal Was Untimely and Not Subject to Fraud Claim

September 27, 2021    

Tenant filed a fair market rent appeal (FMRA) in 2017, challenging the initial $2,400 rent set by landlord in 2012 after the prior rent-controlled tenant vacated the apartment. The DRA dismissed the FMRA as untimely...

Landlord Didn't Clear Hazardous Violation in Time to Get MBR Rent Increases

September 27, 2021    

Landlord applied for 2020-21 Maximum Base Rent (MBR) increases for rent-controlled apartments in its building. The DRA denied landlord's application on July 30, 2020, finding that landlord failed to meet...

Housing Court Settlement Didn't Prevent Rent Overcharge Finding

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge based on outstanding rent reduction orders. The DRA ruled for tenant and found the overcharge was willful. Although rent restoration orders had been issued in...