NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Must Give Tenant Rent-Stabilized Lease Absent Substantial Rehab Ruling

March 23, 2020    

Tenant complained that landlord failed to offer a proper rent-stabilized renewal lease. The DRA ruled for tenant and ordered landlord to offer a renewal lease, while acknowledging that landlord had a pending court...

Landlord Needn't Add Parking Space Provision to Tenant's Renewal Lease

March 23, 2020    

Rent-stabilized tenant complained that landlord sent an improper renewal lease offer. The DRA ruled for tenant in part, finding that: (a) landlord had to amend the renewal lease offer to include the specific term of...

DRA Didn't Consider Rent Hikes Leading to Disputed Deregulation

March 19, 2020    

Tenant complained of rent overcharge and improper deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated and was no longer subject to rent stabilization. Tenant appealed, and the...

Overcharge Refund Offset by Rent Nonpayment

March 19, 2020    

Rent-stabilized tenant complained of rent overcharge based on landlord's continued collection of the full legal regulated rent after the DHCR issued a rent reduction order based on a reduction in services. The...

DHCR Can't Consider Tenants' Claim of Substandard Ceiling Height

March 19, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed, and the DHCR denied his PAR. Tenant then filed an Article 78 court appeal, claiming...

Undocumented Walls Discounted from IAI Rent Increase

March 19, 2020    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint concerning tenants' apartment, based on its audit finding that landlord failed to justify the cost individual apartment improvements (...

Missing DHCR Lease Rider Didn't Preclude Vacancy Deregulation

March 18, 2020    

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

New Landlord Must Pay Triple Damages Even if Prior Landlord Collected Overcharge

March 18, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, applied a six-year lookback period, and ordered landlord to refund $16,000, including triple damages. Landlord appealed and lost....

Landlord Can't Collect Fuel Cost Adjustment After June 14, 2019

March 18, 2020    

Rent-controlled tenant challenged the DRA's order that the monthly maximum collectible rent (MCR) was $3,752 effective Jan. 1, 2018; that the 2019 fuel cost adjustment (FCA) was $9.19 per room per month; and the...

Tenant Can't Challenge Rent Set by Lease in Settlement Agreement

March 18, 2020    

Rent-stabilized tenant complained of rent overcharge. He said that (a) he never received a lease from landlord in 2007; (b) the apartment registrations were fraudulent; and (c) landlord's claim that tenant had a...

DHCR Reopens Tenant's Denied Rent Overcharge Claim

March 17, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and claimed that landlord engaged in a fraudulent scheme to deregulate the apartment. The DHCR sent the case back to...

Tenants Paid Lawful Preferential Rent Since Initial 2009 Lease

March 17, 2020    

Rent-stabilized tenants complained of rent overcharge and lease violation. The DRA ruled against tenants, who appealed and lost.

Tenants claimed that the $1,375 monthly rent charged by landlord was an illegal...