NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

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...

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...