NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent Restored Despite Tenant's Complaints About New Elevator

September 24, 2021    

Rent-stabilized tenant complained of a reduction in building-wide services based on defective elevator service. The DRA ruled for tenant in 2010 and reduced her rent. Landlord later sought rent restoration based on...

DHCR Denies 2020-21 MBR Increases

September 24, 2021    

Landlord sought maximum base rent (MBR) rent increases for rent-controlled apartments in its building for the 2020-21 cycle. On June 10, 2019, landlord commenced the proceeding by filing a violation certification (VC...

Triple Damages Applied to Rent Overcharge Determination

September 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,679, including triple damages. Landlord appealed and lost. Landlord argued that there was no willful...

No Rent Fraud Where Landlord Set New Rent After Base Date Vacancy

September 24, 2021    

Rent-stabilized tenants complained of rent overcharge in 2007. The DRA ruled for tenants and ordered landlord to refund $2,951, including interest. Tenants appealed, claiming that landlord had fraudulently set the...

Landlord Proves It Sent Fully Executed Renewal Lease

September 24, 2021    

Rent-stabilized tenant complained to the DHCR in 2018 that landlord failed to furnish him with a fully executed copy of a renewal lease that he had signed and returned to landlord. The DRA ruled against tenant and...

Rent-Controlled Tenant's Granddaughter Gets Apartment

September 24, 2021    

The granddaughter of a rent-controlled tenant asked the DHCR to determine her claimed succession rights to tenant's apartment. Tenant had lived in the unit from 1950 until she died in 2011. The granddaughter...

Landlord Can't Amend Rent Registrations to Add IAI and Vacancy Increases

September 24, 2021    

Landlord requested permission from the DHCR in 2019 to amend annual rent registrations for one apartment for years 2014, 2016, 2017, and 2018. The DRA ruled for landlord in part, permitting amendments in part for...

Landlord Used Incorrect Test Year Period for Alternative Hardship Application

September 23, 2021    

Landlord filed an Application for Rent Increase based on Alternative Hardship with the DHCR, and included 2018 building income and expense information for the test year period. The DRA ruled against landlord, finding...

Pre-HSTPA Request to Determine Legal Rent Subject to Four-Year Lookback Period

September 23, 2021    

Tenant filed an application in December 2014, asking the DHCR to determine in an administrative proceeding the legal regulated rent of his rent-stabilized apartment. The DRA reviewed requested records from tenant and...

Architectural Fees Relating to Canopy Restoration Added to MCI Rent Hike

September 23, 2021    

The DRA granted landlord's MCI rent increase application in part by approving an increase for pointing and waterproofing based on a comprehensive exterior restoration project with related architectural services...

No MCI Increase for "Groupwork" Kitchen/Bathroom Renovations

September 23, 2021    

Landlord applied in August 2018 for MCI rent hikes based on water repiping and kitchen/bathroom modernization work. The DRA ruled for landlord in part, granting the rent increase for the water repiping. But the DRA...

MCI Increase Granted for Installation of CCTV Security System

September 23, 2021    

Landlord applied for MCI rent hikes based on installation of a CCTV security system. The DRA ruled for landlord. Tenants appealed and lost. It's long-standing DHCR policy that installation of a CCTV security...