NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can Amend 2015 Rent Registration Based on Separate DHCR Order

July 20, 2021    

In 2019, landlord asked the DHCR for permission to amend the 2015 rent registration for tenants' apartment. Landlord said that the registered tenant name, Luis Garcia, was incorrect and that the registered tenant...

Low-Income Co-op Not Subject to Rent Stabilization or Registration Requirements

July 20, 2021    

The DHCR's Rent Administrator issued an order directing landlord to register apartments in its building as rent-stabilized for 2018.  The DRA based its directive on information found in the NYC Dept. of...

DHCR Mistakenly Directed HDFC Co-op Building to Register as Rent Stabilized

July 20, 2021    

The DHCR's Rent Administrator initiated a proceeding against landlord, claiming that it had failed to register its building as rent stabilized in 2018. The DRA's ruling was based on its review of NYC Dept. of...

Landlord Didn't Prove Building Was Substantially Rehabilitated

July 20, 2021    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord bought the building in 2015 and claimed that the building was in seriously...

Landlord Can Replace Steam Heat System with Electric Baseboard Heat

July 20, 2021    

Landlord applied to the DHCR for permission to modify essential services by replacing a steam heating system with an electrical baseboard heating system. The DRA ruled for landlord. Three tenants appealed and lost....

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...