NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Finds No Merit to Tenant Objections to MCI Rent Increases

June 25, 2024    

Landlord applied to the DHCR for MCI rent hikes based on installation of a water heater supplier and installer. The DRA ruled for landlord. Tenants appealed and lost. Tenants made a number of claims that the DHCR...

MCI Increase Denied for Boiler Replacement Using #4 Fuel Oil

June 25, 2024    

Landlord applied to the DHCR for MCI rent hikes based on an elevator upgrade and boiler installation. The DRA ruled for landlord in part, granting rent increases only for the elevator work. Since the replacement...

Lobby/Vestibule Renovations Don't Qualify for MCI Rent Hikes

June 25, 2024    

Landlord applied to the DHCR for MCI rent hikes. The DRA ruled in part for landlord, granting an increase for building entrance doors but disallowing claimed costs related to new stone flooring and saddle, new lobby...

No MCI Increase for Fuel Tanks Where Landlord Didn't Submit Waiver Request

June 25, 2024    

Landlord applied to the DHCR for MCI rent hikes based on installation of two fuel oil tanks. The DRA ruled against landlord, who appealed and lost. When landlord filed its application in 2021, fuel tanks weren't...

MCI Increase Denied Where 35% or Fewer of Building Apartments Were Rent Regulated

June 24, 2024    

Landlord applied in November 2018 for MCI rent hikes based on installation of a new boiler. The DRA ruled against landlord in November 2019 because fewer than 35 percent of the building's tenants were rent...

Landlord Can't Justify Not Fully Executing Tenant's Renewal Lease in 2019

June 24, 2024    

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming in 2021 that landlord hadn't renewed her lease since 2019. The DRA ruled for tenant and directed landlord to offer tenant a renewal...

DHCR Will Decide Tenant's Lease Violation Claim in Rent Overcharge Proceeding

June 24, 2024    

Tenant claimed that he was rent stabilized and complained to the DHCR that landlord had offered him an improper unregulated lease, which he had signed. Tenant later withdrew the complaint when he was moving out of...

Landlord Didn't Overcharge Tenant for Ancillary Parking Space

June 24, 2024    

Rent-stabilized tenant complained of rent overcharge, claiming that he was improperly charged for a parking space at his building. The DRA ruled against tenant, finding that tenant was charged apartment rent and...

Former Mitchell-Lama Building, with C of O Issued in 1980, Wasn't Subject to Rent Stabilization

June 24, 2024    

Tenant complained to the DHCR of rent overcharge. She claimed that the building had been subject to the Mitchell-Lama program and, upon dissolution, landlord improperly set the fair market rent by 120 percent. The...

Landlord Mistakenly Claims That Overcharge Issue Was Already Resolved

June 24, 2024    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $13,906, including interest and triple damages. Landlord appealed and lost. Landlord claimed that it wasn...

Landlord's Miscalculation of MCI Rent Hike Results in Triple Damages

June 24, 2024    

Rent-stabilized tenant who had lived in her apartment since 1985 complained to the DHCR of rent overcharge in 2017. She claimed that landlord was seeking to increase her rent by more than the permissible 6 percent...

Statute of Limitations for FMRA Began When First Rent-Stabilized Tenant Commenced Occupancy

June 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge, claiming that landlord charged an inflated rent increase for individual apartment improvements (IAIs), that landlord collected a 30 percent rent...