NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant's Excusable Default Reopened Deregulation Proceeding

August 27, 2020    

Landlord applied in 2014 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to respond and stated that tenant would be...

No Deregulation Where Renewal Lease Still in Effect After HSTPA Enacted

August 26, 2020    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. On Sept. 7, 2018, the DRA ruled for landlord based on tenant's admission that his annual household income...

DHCR's Explanatory Addenda Allowed Deregulated Tenant's Rent-Stabilized Status to Continue

August 26, 2020    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2018 since it disputed tenant's Income Certification Form (ICF) statement that his annual household income was...

Tenant Overcharged Roommate, But Roommate Stopped Paying Rent

August 26, 2020    

Rent-stabilized tenant's roommate complained that tenant overcharged him by charging him a disproportionate share of the apartment rent. The DRA ruled against the roommate because, although he was overcharged on...

Triple Damages Due on Rent Overcharge Due to Incomplete Refund

August 26, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including triple damages. Tenant appealed to the DHCR and lost, then filed an Article 78 court...

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...