NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Confusion Over Uncollected RGBO Increase Caused Repeated Recalculation of Legal Rent

October 28, 2020    

Landlord applied to the DHCR for determination of tenant's legal and preferential rents for the period between Feb. 1, 2014, and Jan. 31, 2015. The DRA found that the legal rent was $1,344 and the preferential...

Legal Base Rent Subject to Four-Year, Not Six-Year, Lookback

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding that the base date was Aug. 8, 2011, which was six years before tenant filed the complaint. After the base date, tenant paid...

Case Sent Back Twice for DRA Calculation of SRO Unit Rent

October 28, 2020    

Rent-stabilized SRO tenant complained of rent overcharge. Landlord claimed that the unit was vacant between 2007 and 2012 when tenant moved in. So landlord argued it was entitled to charge a "first rent" of...

Tenant Improperly Sublet Parking Space

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge for a garage space only after landlord raised his monthly parking space charge from $112 to $115. Landlord claimed that the parking space wasn't subject to...

No Overcharge Refund Due After Prior Refunds and Credits Applied

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge based on a DHCR service reduction order that was in effect between April 2015 and December 2015 when the DRA approved landlord's rent restoration application....

Six-Year Lookback Period Didn't Apply Retroactively

October 28, 2020    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,164, including triple damages, after landlord already had refunded $12,408. Landlord appealed, objecting to the DRA...

Rent History Records Show Apartment Was Deregulated in 2013

October 28, 2020    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA denied the overcharge claim but ruled that the apartment couldn't be deregulated, despite landlord's claim. Landlord appealed...

Default Formula Applied Where No Base Date Lease or Rent Ledger Available

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,640, including triple damages. The DRA also set the base date rent as $1,400 per month based on the pre...

Landlord Payments for IAIs May Have Been Applied Incorrectly

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won in part. The DRA incorrectly determined that the base date for tenant's complaint...

DHCR Mistakenly Ordered HUD Section 8 Building to Register as Rent Stabilized

October 26, 2020    

The DHCR's DRA initiated a proceeding after finding that landlord failed to register its building with the DHCR as rent stabilized for 2018. This was based on NYC Dept. of Finance (DOF) records indicating that...

DHCR Mistakenly Ordered HDFC Co-op Building to Register as Rent Stabilized

October 26, 2020    

The DHCR's DRA initiated a proceeding after finding that landlord failed to register its building with the DHCR as rent stabilized for 2018. The DRA's ruling was based on NYC Dept. of Finance (DOF) records,...

No Succession Rights for Son of Tenant Who Wasn't Subject to Rent Control

October 26, 2020    

Rent-controlled tenant's son claimed that he had succession rights to tenant's apartment and asked the DHCR for a ruling on this question. The DRA ruled against the son, who appealed and lost. The DRA found...