NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Security Deposit and Increase Must Be Based on Preferential Rent

February 24, 2021    

Rent-stabilized tenant complained to the DHCR that landlord offered an improper renewal lease by seeking to increase tenant's security deposit by more than a guidelines increase over the preferential rent paid by...

Tenant Contesting Removal of Utility Credit Wasn't Rent Stabilized

February 24, 2021    

Tenant complained to the DHCR that landlord failed to offer her a renewal lease on the same terms and conditions as her expiring lease, and had taken away a utility credit that was part of her original lease term....

Occupant Didn't Prove Financial Interdependence with Tenant

February 24, 2021    

Apartment occupant claimed succession rights and complained to the DHCR in 2017 that landlord failed to offer him a renewal lease after rent-stabilized tenant died. Occupant said that he had a nontraditional family...

DRA Incorrectly Applied HSTPA Retroactively to Overcharge Claim

February 24, 2021    

Tenant complained of rent overcharge in 2013. The DRA ruled for tenant in early 2020 and ordered landlord to refund $52,876, including treble damages. The DRA then deducted a $16,442 refund already made to tenant....

Comparable Rents Used to Set Base Date Rent After Temporary Exemption

February 24, 2021    

Tenant complained of rent overcharge in 2014. Landlord claimed that the apartment was vacancy-deregulated before tenant moved in. The DRA ruled for tenant and found she was rent stabilized. Landlord appealed and lost...

Rent Hike for IAIs Disallowed Due to Contractor Relationship with Landlord

February 24, 2021    

Tenant complained of rent overcharge in 2012. Landlord claimed that the apartment was vacancy-deregulated in 2010 before tenant moved in because individual apartment improvements (IAIs) added a rent increase that...

Limitations on Vacancy Increase Under Rent Act of 2015 Didn't Apply

February 24, 2021    

Tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant, finding the legal rent to be $1,750 per month. Landlord appealed and argued that prior tenant paid $2,188....

Landlord Couldn't Document Preferential Rent

February 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,736, including triple damages and interest. Landlord appealed and lost. Tenant moved into the 421-a...

Long-Standing Rent Reduction Order Resulted in $87,000 Overcharge

February 24, 2021    

Tenants complained of rent overcharge in 2017 and claimed that landlord had fraudulently deregulated their apartment in 2004. Although landlord failed to submit proof that the apartment was vacancy-deregulated in...

Apartment Was Properly Deregulated in 2009 Due to Base-Date Vacancy

February 24, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2018 and ordered landlord to refund $6,150, including triple damages. Landlord appealed, and the DHCR sent the case back to the DRA in...

Landlord Can't Charge Preferential Rent

February 24, 2021    

Rent-stabilized tenant filed a fair market rent appeal (FMRA) in 2016, stating that she was the first rent-stabilized tenant of the apartment after vacancy decontrol, and that landlord impermissibly charged a...

Former Dental Office Converted to Apartment in 2015 Became Deregulated

February 23, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding the apartment to be rent stabilized and directing landlord to refund $35,392, including interest....