NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant received a rent-stabilized vacancy lease when she moved into the unit in October 1995. But...

No Indicia of Fraudulent Scheme to Deregulate Apartment

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge after applying lawful rent increases to the four-year base date rent. While tenant initially paid a preferential rent, his...

Vacancy Increase Granted for Tenant Who Was Prior Tenant's Roommate

July 26, 2021    

Rent-stabilized tenant in a 421-a building complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,745, including interest. Landlord appealed and won in part. The DHCR agreed with...

MBR Increase Denied Based on Failure to Certify Violation Correction

July 26, 2021    

(Decision submitted by attorney David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, who represented the tenants.)

DHCR Overcharge Case Reopened to Reconsider Tenant's Fraud Claim

July 23, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $318, including interest. The DRA found no colorable claim of any fraudulent scheme to deregulate...

No Fraud by Landlord Who Deregulated J-51 Unit During Post-Roberts Confusion

July 23, 2021    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,590, including interest. The DRA found that the apartment had been lawfully deregulated in 1997 due to high-rent...

DHCR Rejects Landlord's Claim That New Apartment Was Lawfully Created and Deregulated

July 23, 2021    

Tenant complained in 2015 of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $11,494, including interest. The DRA disallowed landlord's claimed $45,000...

Landlord Showed Lease History of Preferential Rent and Lawful Rent Increases

July 23, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA applied a four-year base date and ruled against tenant in March 2019, finding no overcharge. Tenant appealed and lost. While at first the DHCR was...

Landlord Proved Vacancy Deregulation of Apartment

July 23, 2021    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that the apartment was no longer subject to rent stabilization. Tenant appealed and, while tenant's PAR was pending, the...

Unapplied Rent Reduction Order Froze Tenant's Rent

July 23, 2021    

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that a prior rent reduction order had frozen his rent. The DRA ruled for tenant and ordered landlord to refund $7,918, including interest. Landlord...

Deregulation Applications Filed in 2019 Dismissed Due to HSTPA

July 23, 2021    

Landlord applied for high-rent/high-income deregulation of three rent-stabilized apartments in its building in May 2019. The DRA dismissed the applications in August 2019, noting that the Housing Stability and Tenant...

Rent-Stabilized Tenant's Grandson Gets Apartment

July 23, 2021    

Rent-stabilized tenant's grandson claimed succession rights and complained that landlord refused to give him a renewal lease after tenant died. The DRA ruled for tenant's grandson. Landlord appealed and lost...