NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Didn't Certify Enough Corrected Violations for MBR Order of Eligibility

April 21, 2021    

In April 2019, landlord filed with the DHCR a violation certification form for the 2020-2021 maximum base rent (MBR) biennial cycle for rent-controlled tenants in the building. The form certified that all rent-...

RA Improperly Applied HSTPA Amendments Retroactively

April 21, 2021    

Tenant complained in 2017 of rent overcharge and unlawful deregulation of her apartment. The DRA ruled for tenant in February 2020, found that she was rent stabilized, and ordered landlord to refund over $77,000,...

DHCR Dismisses 2019 High-Rent/High-Income Deregulation Applications

April 20, 2021    

In February 2019, landlord filed three applications for high-rent/high-income deregulation of rent-stabilized apartments in one building. The DRA ruled against landlord in August 2019 based on the enactment of the...

Occupant Not Entitled to Renewal Lease for Rent-Controlled Unit

April 20, 2021    

An apartment occupant named Caminiti complained to the DHCR that landlord failed to offer her a renewal lease. She said she moved into the apartment in April 1992, she paid no rent, and she had requested a lease for...

MCI Increase Granted for Backflow Prevention Device Installation

April 20, 2021    

Landlord applied for MCI rent hikes based on exterior restoration work and installation of a backflow prevention device. The DRA ruled for landlord and increased tenants' rents. Tenant appealed and lost. Tenant...

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...