NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

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....

There Was No Overcharge for Apartment Properly Deregulated in 2009

February 23, 2021    

Tenant complained of rent overcharge in 2015 and told the DHCR that landlord had illegally deregulated her apartment. Tenant moved into the unit on Nov. 1, 2012, under a one-year, non-regulated lease at $1,870 per...

Substantial Rehab Exemption Not Effective Until DOB Issued Letter of Completion

February 23, 2021    

Landlord applied to the DHCR for a ruling that its building had been substantially rehabilitated and therefore was exempt from rent stabilization. The DRA ruled for landlord but specified that all tenants who lived...

Landlord Has No Approved DOB Filings to Support Substantial Rehab

February 23, 2021    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation in 2014-2015. The DRA ruled against landlord, who appealed and lost. A DOB job filing...

Landlord Can Change Copper Wire Intercom to Telephone-Based System

February 23, 2021    

Landlord asked the DHCR for permission to modify building-wide services. The DRA ruled for landlord and granted its application to replace an existing copper wire intercom system with a telephone-based intercom...

Landlord Fails to Prove Building Was Substantially Rehabbed

February 23, 2021    

Landlord asked the DHCR for a ruling on a building's rent regulatory status. Landlord claimed that the building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord...

Deregulation Applications Filed in 2019 Properly Dismissed

February 23, 2021    

Landlord applied for high-rent/high-income deregulation of five apartments in its building in May 2019. The DRA dismissed all of these applications in August 2019 because, effective June 14, 2019, HSTPA repealed the...

Tenants Can't Get Additional Attorneys' Fees from DHCR for PAR

February 22, 2021    

(Decision submitted by Ronald S. Languedoc, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenants.)

Tenants in one apartment claimed...