NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenants Get Attorneys' Fees in DHCR Rent Overcharge Proceeding

March 25, 2021    

Tenants complained separately in 2016 of rent overcharge and improper deregulation of their shared apartment. Each tenant had rented a single room in the same apartment without a lease. The DRA combined the cases,...

No Triple Damages Despite Partial Disallowance of IAI Rent Increase

March 25, 2021    

Tenants complained to the DHCR in 2016, claiming rent overcharge and improper deregulation of their apartment. The DRA ruled for tenants and ordered landlord to refund $59,238, including interest.

DHCR Won't Accept Missing Lease Record Submitted for First Time with PAR

March 25, 2021    

Tenant complained to the DHCR of rent overcharge in 2016, claiming that she was never advised by landlord that she was rent stabilized, and had recently received a renewal lease offer seeking to revoke what landlord...

Landlord's Late Filing of Missing Rent Registrations Prevented Rent Freeze

March 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $38,622, including interest. Tenant appealed, and the DHCR sent the case back to the DRA after...

Landlord Couldn't Collect 2.2% Rent Increase from Tenant Without 421-a Lease Rider

March 24, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $4,950, including triple damages for willful overcharge.

Tenant's Collectible Rent Frozen by Prior DHCR Rent Reduction Orders

March 24, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant, and ordered landlord to refund an overcharge with interest but no triple damages since landlord showed there was no willful rent...

Tenant Can't Submit Additional Rent Payment Information for First Time on Appeal

March 24, 2021    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant, found that tenant was rent stabilized, and found an overcharge of $1,169, including triple...

Overcharge for Unit in J-51 Building Must Be Calculated Using Regina Methodology

March 24, 2021    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. Landlord admitted that the apartment had been mistakenly deregulated while the building received J-51 tax benefits. But landlord...

Landlord Didn't Prove Building Was Substantially Rehabbed

March 24, 2021    

Landlord asked the DHCR for a ruling that its building was exempt from rent regulation due to substantial rehabilitation in 2008. The DRA ruled against landlord. Landlord spent $24,000 to convert a six-unit SRO...

Building That Was Part of HMD in 1984 Is Rent Stabilized

March 24, 2021    

An unregulated tenant asked the DHCR to determine his status, claiming that he was rent stabilized. Tenant said that he moved into his apartment in 1984, when the building was part of a horizontal multiple dwelling (...

Building That Was 80% Occupied When Work Began Wasn't Substantially Rehabbed

March 23, 2021    

Landlord asked the DHCR for a ruling on a building's rent-regulatory status. Landlord claimed that the building was exempt from rent stabilization due to substantial rehabilitation performed between February 2016...

MCI Application Filed Within Two Years of Final Payment Date Was Untimely

March 23, 2021    

Landlord applied for MCI rent hikes based on installation of a chimney relining and boiler. The DRA ruled against landlord, finding that the application was untimely. Landlord appealed and lost. Landlord argued that...