NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Overcharge Resulted from Incorrect Guidelines Increase for SRO Unit

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,447, including triple damages and interest. The DRA found that the base date rent was lawful, but there...

DHCR Uses Waiver Rule to Set Apartment's Legal Rent

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to offer tenant a renewal lease based on the current legal rent of $623 per month. Landlord appealed and lost....

No IAI Rent Increase Granted for Bathtub Reglazing

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $32,825, including triple damages and interest. Landlord appealed and lost. The DRA had excluded a $50...

Triple Damages Applied to Overcharge Based on Prior Rent Reduction Order

July 27, 2021    

The DHCR's Tenant Protection Unit (TPU) audited landlord for noncompliance with two DHCR rent reduction orders that froze tenant's rent. Based on landlord's failure to resolve the matter with TPU, TPU...

DHCR Applies Safe Harbor Rule on Appeal to Eliminate Triple Damages

July 27, 2021    

Tenant in a building receiving J-51 tax benefits complained of rent overcharge in 2017. The DRA ruled for tenant and found that: (a) the apartment had been rent controlled until 2012 when it became vacant; (b)...

Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant received a rent-stabilized vacancy lease when she moved into the unit in October 1995. But...

No Indicia of Fraudulent Scheme to Deregulate Apartment

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge after applying lawful rent increases to the four-year base date rent. While tenant initially paid a preferential rent, his...

Vacancy Increase Granted for Tenant Who Was Prior Tenant's Roommate

July 26, 2021    

Rent-stabilized tenant in a 421-a building complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,745, including interest. Landlord appealed and won in part. The DHCR agreed with...

MBR Increase Denied Based on Failure to Certify Violation Correction

July 26, 2021    

(Decision submitted by attorney David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, who represented the tenants.)

DHCR Overcharge Case Reopened to Reconsider Tenant's Fraud Claim

July 23, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $318, including interest. The DRA found no colorable claim of any fraudulent scheme to deregulate...

No Fraud by Landlord Who Deregulated J-51 Unit During Post-Roberts Confusion

July 23, 2021    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,590, including interest. The DRA found that the apartment had been lawfully deregulated in 1997 due to high-rent...

DHCR Rejects Landlord's Claim That New Apartment Was Lawfully Created and Deregulated

July 23, 2021    

Tenant complained in 2015 of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $11,494, including interest. The DRA disallowed landlord's claimed $45,000...