NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Gas Pipe Installation Caused Reduction in Tenant's Living Room Space

February 24, 2021    

Rent-stabilized tenant complained that installation of gas piping in her living room reduced required services because the installation was done in an unworkmanlike manner and reduced her total apartment space. The...

Common Area Smoke Detectors Became Required Building Service

February 24, 2021    

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that the elevator wasn't leveling,  there were no operating smoke detectors in public areas, and that the building...

Bathroom Ceiling Leak Condition Wasn't De Minimis

February 24, 2021    

Rent-stabilized tenant complained of a reduction in services based on a bathroom moisture condition caused by a leak from the upstairs apartment. The DRA ruled for tenant and reduced her rent. Landlord appealed and...

Two Out of 150 Common Area Windows Still Defective

February 24, 2021    

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents in 2017 based on a finding of defective windows on the first, third, fourth, and sixth...

Landlord Must Offer Renewal Lease to Rent-Stabilized Tenant

February 24, 2021    

Rent-stabilized tenant filed a lease violation complaint in 2019, claiming that landlord never gave him a copy of his last lease and that landlord had offered no renewal since his lease expired on May 31, 2017. The...

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....