NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Application to Modify Lobby Attendant Service Denied

July 20, 2021    

Landlord asked the DHCR for permission to modify lobby attendant services at its rent-regulated building complex in 2018, by replacing 24/7 lobby attendants with a virtual door attendant service. The DRA ruled...

Triple Damages Correctly Applied to Rent Overcharge

June 22, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and denied landlord's PAR. Landlord then filed an Article 78 court appeal of the DHCR's decision. The court ruled against...

No Triple Damages in Case Involving J-51 Building and Mistaken Deregulation

June 22, 2021    

Tenant complained in 2017 of rent overcharge and improper deregulation of her apartment, located in a building receiving J-51 tax benefits. The DRA ruled for tenant and ordered landlord to refund $12,727 including...

Landlord Proved Payment for IAIs

June 21, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant questioned the rent increase for individual apartment improvements (IAIs)...

Landlord Properly Deregulated Apartment Before Tenant Moved In

June 21, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the monthly legal rent of $2,895 paid in 2014 by prior tenant exceeded the threshold for...

Rent History Records Must Be Kept to Prove How Apartment Was Deregulated

June 21, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant and ruled that the apartment wasn't deregulated, the four-year base rent date was March 4, 2013, the base...

Revocation of Retroactive Application of HSTPA Provision Doesn't Change Overcharge

June 21, 2021    

Rent-stabilized tenants complained of rent overcharge. The DRA ruled for tenants and found a total overcharge of $179,550, including triple damages and interest. But landlord was ordered to refund $89,748 because it...

DHCR Must Apply Pre-2014 RSC Provision to First Rent Set After Temporary Exemption

June 21, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Since the apartment had been temporarily exempt from rent regulation on the four-year base date in 2010, tenant's legal regulated...

DHCR Mistakenly Treated Overcharge Complaint as Fair Market Rent Appeal

June 21, 2021    

Tenant complained of rent overcharge. The DRA treated the complaint as a fair market rent appeal (FMRA), ruled for tenant, set the apartment's initial legal regulated rent using the default formula, and ordered...

Overcharge Resulted from Duplicative Rent Increases for IAIs

June 21, 2021    

The DHCR's Tenant Protection Unit (TPU) referred a rent overcharge claim to the DRA, after making a finding of rent overcharge that the landlord rejected. The TPU found that individual apartment improvements (...

Tenant in 421-a Building that Never Completed Co-op Plan Was Rent Stabilized

June 21, 2021    

Tenant filed an application for an Administrative Determination (AD) by the DHCR, to determine his building's rent-regulatory status. The DRA found that the building received Real Property Tax Law 421-a tax...

Landlord Can Install Key Fob System That Will Protect Tenants' Privacy

June 21, 2021    

Landlord asked the DHCR for permission to replace a building's metal key entry system with an electronic key fob entrance system. The DRA ruled for landlord and set some conditions for the installation of the key...