NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Rent-Stabilized Tenant Can't Add Son-in-Law as Co-Tenant

February 21, 2020    

Rent-stabilized tenant complained to the DHCR when landlord refused to add the name of her son-in-law to her renewal lease as a co-tenant. The DRA ruled against tenant, who appealed and lost. Tenant argued that her...

Preferential Rent Renewal Provisions Under HSTPA Not Effective Retroactively

February 21, 2020    

Tenant complained to the DHCR, claiming that landlord had offered her an improper rent-stabilized renewal lease. In 2011, she moved into the apartment with a monthly preferential rent of $1,250. In November 2016 her...

Six-Year Look-Back Period Applied to Overcharge Claim Filed in 2017

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA decided tenant's complaint after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted, and found that there was no...

Landlord Properly Collected Appliance Surcharges

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2017. He claimed that landlord improperly charged him air conditioner and washing machine surcharges since 2009. Tenant had moved into the apartment in 2000....

Extended Six-Year Look-Back Period Applied to Landlord's PAR

February 21, 2020    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in June 2018 and ordered landlord to refund $5,200, including interest and triple damages. Landlord appealed, and the DHCR ruled...

No IAI Rent Increase Permitted for Refinishing Bathtub

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and disallowed some individual apartment improvement (IAI) increases collected by landlord. Landlord appealed and lost. The DRA correctly...

Landlord Proved Apartment Was Legally Deregulated in 2010

February 20, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the apartment had been vacancy deregulated in a legal manner. Tenant appealed and lost. The...

Six-Year Look-Back Period Applied to Pending PAR

February 20, 2020    

Rent-stabilized Yonkers tenant complained of rent overcharge in March 2017. The DRA ruled against tenant, finding no overcharge since the four-year base rent date. Tenant appealed, and the DHCR reopened the case. The...

Apartment Was Vacancy Deregulated Before Tenant Moved In

February 20, 2020    

Tenant complained to the DHCR of rent overcharge and claimed that his apartment had been improperly deregulated. The DRA ruled against tenant, who appealed and lost. When tenant moved in on April 15, 2016, he paid...

Rent Overcharge Claim Reopened

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in June 2018, finding a small overcharge of $171 including interest. Tenant appealed in July 2018. In December 2019, the DHCR reopened...

Landlord Waited Too Long to Collect RGBO 40 and 41 Rent Increases

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord waived its right to a retroactive rent increase for Rent Guidelines Board Orders (RGBO) 40 and 41. Rent increases...

Daughter Proves She's Rent-Controlled Tenant's Successor

February 13, 2020    

Prior landlord asked the DHCR to determine whether tenant was rent regulated. Landlord claimed that the building had been substantially rehabilitated. The DRA closed the case in 2004 because prior landlord didn't...