NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No Overcharge Where Apartment Was Properly Vacancy Deregulated

August 26, 2020    

Tenant complained of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2011....

MCI Increases Collectible Before Rent Reduction Order Were Added to Rent

August 26, 2020    

Rent-stabilized tenant complained of rent overcharge based on a prior DHCR rent reduction order. The DRA ruled for tenant and ordered landlord to refund $1,873, including triple damages. Landlord appealed and won, in...

Overcharge Based on Unsubstantiated 49-Year Longevity Increase Wasn't Willful

August 26, 2020    

The DHCR's Tenant Protection Unit (TPU) did an individual apartment improvement (IAI) audit of tenant's rent-stabilized apartment and found that landlord's claimed IAIs didn't support the apartment...

HPD Hot Water Violation Resulted in Rent Reduction

August 25, 2020    

Rent-stabilized tenant complained of inadequate hot water service in his apartment. In response, landlord claimed that hot water service had been restored and submitted a plumbing and heating company invoice. The DRA...

Landlord Didn't Prove Building Was Substantially Rehabbed

August 25, 2020    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. Landlord claimed that the building had been vacant since 1978 and that...

Landlord Doesn't Prove Building Exempt Due to Substantial Rehab

August 25, 2020    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. Landlord claimed that the building's interior was demolished and...

Apartment Improperly Deregulated in 2002 Was Rent Stabilized

August 25, 2020    

Tenant asked the DHCR for a ruling on the rent-regulated status of her apartment. Tenant claimed that landlord had fraudulently deregulated the apartment. Landlord claimed that the apartment had been vacancy...

No Rent Hike for Painting Rent-Controlled Unit Landlord Previously Painted

August 25, 2020    

Landlord applied to the DHCR for a rent increase based on a first-time painting of tenant's rent-controlled apartment. The DRA ruled against landlord, finding that the DHCR's rent registration cards showed...

No Proof Landlord's Affiliate Was General Contractor for MCI Work

August 25, 2020    

Landlord applied for MCI rent hikes based on installation of a new roof and facade work. Tenant appealed and lost. He claimed that there was an identity of interest between landlord and its general contractor, that...

Boiler/Burner Replacement and Fuel Oil Tank Installation Were One Project

August 25, 2020    

The DHCR's DRA granted landlord's MCI rent increase application based on installation of a boiler/burner, elevator upgrade, and hallway flooring. Tenants appealed and lost. They claimed that the installation...

No MCI Increase for New Boiler Without DOB Inspection Certificate

August 25, 2020    

Landlord applied for MCI rent hikes based on installation of a new boiler. The DRA ruled against landlord based on its failure to submit proof of a Certificate of Electrical Inspection from DOB. Landlord appealed and...

Landlord Cleared 'C' Violations to Get MCI Rent Hikes

August 24, 2020    

Landlord applied for MCI rent hikes based on installation of parapet, window lintels, brick, roof entrance doors, mortar roof and hallway window replacements, repointing, facade work, and sidewalk bridge rental...