NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent Administrator Must Reconsider Whether Building Was Substantially Rehabbed

April 20, 2021    

Landlord applied to the DHCR for exemption from rent regulation based on substantial rehabilitation of landlord's building. The DRA ruled for landlord, finding that the building was rehabbed in 1981 under...

No Vacancy Deregulation Applied Where Tenant Wasn't Given Lease

April 20, 2021    

Tenant asked the DHCR for a ruling on the rent-regulated status of her apartment. Landlord claimed that the unit had been vacancy-deregulated in 2009 when prior tenant moved out with a legal rent of $1,738.51....

Building Containing Six Apartments Was Rent Stabilized

April 20, 2021    

Tenant asked the DHCR for a ruling on whether her apartment was rent stabilized. Landlord claimed that the building contained only five apartments and therefore wasn't subject to rent stabilization. The DRA ruled...

Rent-Controlled Tenant's Daughter Is First Successor Tenant

April 20, 2021    

Rent-controlled tenant's daughter sought succession rights to tenant's apartment when tenant moved out in 2017. The DRA ruled for the daughter, and landlord appealed. Landlord didn't dispute that the...

DHCR Sets Rent for Permanent Tenant in SRO Building

April 20, 2021    

Landlord asked the DHCR to determine the legal rent for tenant's SRO unit after a court ruled that tenant was a rent-stabilized permanent tenant. Tenant had checked into the SRO building in 2015, paid a daily...

Rent Reduction Order Revoked Because Building Was Exempt

March 29, 2021    

Tenant complained to the DHCR of a reduction in services at her apartment. The DRA ruled for tenant. Landlord appealed and lost. Landlord then filed an Article 78 court appeal and argued that the apartment wasn't...

Tenant Didn't Reschedule After Canceling DHCR Inspection

March 29, 2021    

Rent-stabilized tenant complained of decreased services in her apartment. The DRA ruled against tenant, based on tenant's failure to provide access for a scheduled DHCR inspection after landlord disputed the...

Fire Damage Repaired by the Time of DHCR Inspection

March 29, 2021    

Rent-stabilized tenant complained of a reduction in services following a fire at the building. In July 2019, tenant complained that the front room ceiling collapsed, insulation detached, and there was water damage...

Tenant Didn't Prove Service Reduction Based on Construction Noise and Dust

March 29, 2021    

Rent-stabilized tenant complained of a reduction in services based on a number of conditions involving extreme construction noise and dust. The DRA ruled against tenant, who appealed and lost. The DHCR's...

Apartment Door Conditions Were Not De Minimis

March 29, 2021    

Rent-stabilized tenant complained of a reduction in services based on several apartment conditions. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Among other things, landlord argued that...

DHCR Incorrectly Added Corrected Conditions to Order Denying Rent Restoration

March 29, 2021    

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents, based on five separate findings concerning common area conditions that weren't maintained. Landlord...

Landlord Can't Refuse to Accept Packages Based on Size and Electronic Content

March 29, 2021    

Tenant complained to the DHCR of a reduction in building-wide services, claiming that in 2014 landlord verbally directed the concierge/doorman to stop accepting package deliveries containing electronics...