NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant Dissatisfaction with New Balcony Didn't Bar MCI Increase

December 17, 2020    

Landlord applied to the DHCR for MCI rent hikes based on exterior restoration work and related architectural services. The DRA ruled for landlord. Tenants appealed and lost. Among other things, tenants claimed that...

Engineer's Fees Included in MCI Increase for Work Needed for LPC Approval

December 17, 2020    

Landlord applied for MCI rent hikes based on pointing, parapet installations, engineering fees, consultant fees for the pointing, an asbestos survey, and asbestos removal. The DHCR ruled for landlord and approved the...

Cost of Heat Timer Included in MCI Increase for Burner Installation

December 17, 2020    

Landlord applied to the DHCR for MCI rent hikes based on a number of improvements. The DRA ruled for landlord based on elevator upgrading, related elevator cab work, electrical upgrade, concrete work, pointing and...

Apartment Was Properly Vacancy Deregulated in 2013

December 14, 2020    

(Decision submitted by attorney Mary D. Milone of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Can't Prove Tenant Caused Damage

November 23, 2020    

Rent-stabilized tenant complained to the DHCR of a reduction in services and that landlord failed to perform certain renovation or repair work to her apartment. The DRA ruled for tenant, and the DHCR denied landlord...

Landlord Reasonably Believed Apartment Was Deregulated

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR sent the case back to the DRA after HSTPA amended rent overcharge provisions in June 2019 to expand...

No Proof Overcharge Wasn't Willful

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,065, including triple damages. Landlord appealed and lost. Landlord argued that the overcharge wasn...

HSTPA Amendments to Rent Overcharge Provisions of RSL Improperly Applied Retroactively

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and applied a six-year lookback period under HSTPA. The DRA also found that landlord waived a higher legal regulated rent by listing only...

TPU Audit Led to Overcharge Finding of $87,000

November 23, 2020    

In May 2015, the DHCR's Tenant Protection Unit (TPU) commenced an audit of an apartment rent in landlord's building and, as a result, directed landlord to adjust the legal regulated rent. When landlord didn...

Apartment Was Improperly Deregulated But Overcharge Was Only $387

November 23, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant in 2014 and found that the apartment was deregulated based on a May 1, 2003, exit registration filed by...

Tenant Can't Reopen Overcharge Claim She Withdrew Earlier

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA later terminated the overcharge proceeding based on a letter from tenant's attorney stating that tenant agreed to withdraw the complaint based on a...

Building with Five Apartments Not Subject to Rent Stabilization

November 23, 2020    

Tenant complained of rent overcharge. Landlord claimed that the building contained fewer than six housing accommodations. The DRA ruled against tenant, finding that he wasn't subject to rent stabilization.