NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

HSTPA Changes to MCI Rules Don't Apply to PARs of MCI Rulings

November 22, 2020    

Landlord applied for MCI rent hikes based on installation of boiler burners and an air conditioning chiller. The DRA ruled for landlord.

Window Frame Repair Was Unrelated to MCI Window Replacement

November 22, 2020    

Landlord applied for MCI rent hikes based on installation of new apartment windows. The DRA ruled for landlord in part, but disallowed any cost associated with repairing wooden window frames.

Cellar Vault Restoration Doesn't Qualify as MCI

November 22, 2020    

Landlord applied for MCI rent hikes based on cellar vault restoration. The DRA ruled against landlord, finding that this work didn't qualify as an MCI. Landlord appealed and lost. It's the DHCR's well-...

Overcharge with Interest Over $35K Was Based on Outstanding Rent Reduction Order

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,260, including interest. The overcharge finding was based on an outstanding rent reduction order that...

Tenant Sublet Apartment Without Landlord's Knowledge or Permission

October 28, 2020    

Subtenant complained that she was overcharged by rent-stabilized tenant. She also claimed that the tenant and landlord engaged in an illusory prime tenancy and filed a separate complaint seeking a lease in her name....

Tenant's Apartment Was Lawfully Vacancy Deregulated in 2007

October 28, 2020    

Tenant complained of rent overcharge and improper apartment deregulation. She also filed a complaint based on failure to renew her lease. The DRA consolidated the two cases, finding that the apartment was vacancy...

DHCR Revokes Rent Reduction Order Issued for Unregulated Tenant

October 28, 2020    

Tenant complained to the DHCR in 2016 of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord, a cooperative corporation, appealed and won. The building had been converted to a co-op while...

DHCR Denies Tenant's PAR of Rent Restoration Order

October 28, 2020    

Rent-stabilized tenant complained of a reduction in services based on inadequate heat and hot water. The DRA ruled for tenant and reduced his rent. The DRA later granted landlord's application for rent...

Inspection Confirmed That Building's Emergency Number Worked

October 28, 2020    

Rent-stabilized tenant complained of a reduction in building-wide services. The DRA ruled against tenant and terminated the proceeding. Tenant appealed and lost. Tenant had complained that, outside the A-K side of...

Tenant Cancelled Scheduled DHCR Inspection

October 28, 2020    

Rent-stabilized tenant complained of a reduction in services. The DRA terminated the proceeding and dismissed the complaint because tenant failed to provide access to the DHCR's inspector for physical inspection...

Tenant's Complaint Dismissed Because Building Not Rent Stabilized

October 28, 2020    

Tenant complained to the DHCR of a reduction in services. The DRA dismissed the complaint, finding that tenant's building wasn't subject to rent stabilization. Tenant appealed and lost. DHCR records showed...

Base Date for Second Overcharge Complaint Limited by Prior Decision

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. A final DHCR ruling in a separate case decided in 2016 decided all rent issues...