NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant's Garage Rent Not Subject to Rent Control

September 25, 2020    

Rent-controlled tenant complained of specific rent overcharge, based on increases to her garage parking charges. The DRA ruled against tenant, finding that the building parking space was an ancillary service only for...

Explanatory Addenda to 2018 Deregulation Order Points to Unit's Continued Rent Stabilization

September 25, 2020    

Landlord applied for high-income rent deregulation of tenant's rent-stabilized apartment in 2018. Tenants had admitted in their 2018 Income Certification Form (ICF) that their total annual household income was...

Landlord Didn't Prove Building Was Substantially Rehabbed

September 25, 2020    

Landlord applied to the DHCR for a ruling that its Brooklyn building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost.

No Substantial Rehab Exemption Without DOB Letter of Completion

September 25, 2020    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. Landlord claimed it spent over $1 million to gut-renovate the...

DHCR Approves Landlord's Demolition Application

September 25, 2020    

Landlord asked the DHCR for permission to refuse renewal of tenant's rent-stabilized leases and/or proceed for eviction based on landlord's intent to demolish the building. The DRA ruled against landlord,...

Landlord Can Replace Metal Keys with Electronic Key Fobs

September 25, 2020    

Landlord asked the DHCR for permission to modify building services by replacing a building's metal key entry system with an electronic key fob system. The DRA ruled for landlord, as long as landlord complied with...

DHCR Can't Re-examine Rent History Period Covered in Prior DHCR Overcharge Order

September 25, 2020    

(Decision submitted by attorney Paola Arzeno-Barbano of the Manhattan law firm of Kossoff, PLLC, attorneys for the landlord.)

Tenant complained of rent overcharge. The DRA ruled against tenant,...

New Doorbells Directly Related to MCI-Qualifying Apartment Entry Doors

September 25, 2020    

Landlord applied for MCI rent hikes based on the installation of apartment entry doors and common-area windows. The DRA ruled for landlord in part, but excluded from the calculated MCI increases the cost of security...

A/C Grills Installed with Facade Work Not Eligible for MCI Rent Hikes

September 25, 2020    

Landlord applied for MCI rent hikes based on building facade work consisting of pointing, waterproofing, masonry replacement, power washing, window lintels/sills, and scaffolding. The DRA ruled for landlord in part...

Work Funded by Special Assessment Qualified for MCI Rent Hikes

September 25, 2020    

Landlord applied for MCI rent hikes based on exterior restoration with related engineering services. Tenant appealed and lost. Tenant claimed that the landlord cooperative corporation paid for the MCI out of the co-...

MCI Increase for Facade Work Includes Related Stone Supply Costs

September 25, 2020    

Landlord applied for MCI rent hikes based on landmark facade restoration with related stone supply costs. The DRA ruled for landlord and increased tenant rents. One tenant appealed and lost. That tenant disputed the...

Tenant Denied Access and Inspector Found No Conditions

August 27, 2020    

Rent-stabilized tenant complained of a reduction in services. The DRA ruled against tenant and dismissed the complaint. Tenant complained and lost. Tenant claimed that the hallway electrical fixture in her apartment...