NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

HDFC Building Receiving J-51 Tax Benefits Was a Co-op

November 19, 2021    

The DHCR initiated a proceeding by issuing a Notice of Proposed Action to landlord in 2019 after finding that landlord failed to properly register apartments as rent stabilized for 2018 based on DOF records...

IAI Rent Increases Disallowed Without Written Tenant Consent

November 19, 2021    

Landlord asked the DHCR in 2018 for a ruling on an apartment's rent regulation status and for amendment of the unit's 2014 and 2015 annual rent registrations based on its claim that the unit became...

MCI Increase Granted for Air Conditioning Grill Installation

November 19, 2021    

The DHCR's DRA granted landlord's application for MCI rent hikes based on building facade work and installation of air conditioning grills. Tenant appealed and lost. Tenant argued that landlord didn't...

DOB Filing Fees Deducted from Elevator Upgrade Costs for MCI Rent Hike

November 19, 2021    

Landlord applied to the DHCR for MCI rent hikes based on an elevator upgrade and security camera installation. The DRA ruled for landlord in part but excluded from the increase the cost of DOB filing fees paid in...

Landlord Who'll Pay for Related Tenant Electricity Costs Can Replace Gas Stoves with Electric

November 19, 2021    

Landlord asked the DHCR for permission to convert gas stoves to electric stoves in its building's rent-regulated apartments. The DRA ruled for landlord, with no change to the legal regulated rents. Tenant...

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...