NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Claims Buildings Are Exempt Due to Substantial Rehab

June 21, 2021    

Landlord filed three separate applications with the DHCR to determine if its three buildings were exempt from rent regulation based on substantial rehabilitation. Landlord bought the buildings in 2014 and claimed...

DOB Records Don't Support Landlord's Substantial Rehab Claim

June 21, 2021    

Landlord applied to the DHCR for a rent stabilization exemption order based on claimed substantial rehabilitation of landlord's building. Landlord bought the building in March 2014, performed renovation work that...

Tenant with Non-Qualifying Income Verification Not Entitled to Renewal Lease

June 21, 2021    

Tenant complained to the DHCR that landlord refused to give her a renewal lease. Landlord answered that the apartment was a restricted 100 percent Low Income Housing Tax Credit (LIHTC) project pursuant to a...

Rent-Stabilized Tenant's Son Gets Apartment

June 21, 2021    

The son of a deceased rent-stabilized tenant filed a lease violation complaint, claiming that landlord had refused to offer him a renewal lease and that he had succession rights to the apartment. The DRA ruled for...

MCI Increase Granted for Elevator Upgrade

June 21, 2021    

The DHCR's DRA granted landlord's application for rent increases based on an MCI for an elevator upgrade and new elevator cabs. Tenant appealed and lost. Tenant claimed that the DHCR should have allocated a...

No Overcharge Found Where Landlord Clarified IAI Payments

June 16, 2021    

(Decision submitted by Elizabeth A. Lentini of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant complained of rent overcharge. He...

Apartment Was Vacancy-Deregulated Before Tenant Moved In

June 16, 2021    

(Decision submitted by Elizabeth A. Lentini of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Tenant complained of rent overcharge. The...

Heat and Hot Water Weren't Required Services in Landlord's Building

June 16, 2021    

(Decision submitted by Michael Littman of the Rockville Centre law firm of Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, attorneys for the landlord.)

Apartment Was Properly Deregulated Under Rent Act of 2011

May 25, 2021    

Landlord sued to evict tenant. Tenant asked the housing court to dismiss the case, claiming that the apartment had been improperly deregulated. The housing court ruled for tenant. Landlord appealed, and the Appellate...

Proof of IAIs Supported Vacancy Deregulation in 2014

May 25, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment. Tenant moved into the unit in August 2014 at an unregulated rent of $2,500 per month. The apartment had last been registered in 2012 as...

Landlord Proves Apartment Was Vacancy-Deregulated in 2012

May 25, 2021    

Tenant complained in 2015 of rent overcharge and improper apartment deregulation. He also claimed rent fraud by landlord. Tenant paid an unregulated rent of $4,795 when he moved into the apartment in May 2012. The...

No Error in Calculation of Rent-Controlled Tenant's Rent

May 25, 2021    

Rent-controlled tenant complained of rent overcharge, claiming improper calculation of the latest Maximum Base Rent (MBR) for his apartment. The DRA issued an order calculating the Maximum Collectible Rent (MCR) for...