MISCELLANEOUS

No MCR Increase Where Adjusted MBR Reached

April 16, 2013    

Rent-controlled tenant complained of a rent overcharge based on electricity charges for the use of his apartment air conditioners. Landlord pointed out that it obtained an MCI increase in 1997 for rewiring and...

Landlord Qualifies for Alternative Hardship Increases

April 16, 2013    

Landlord applied to the DHCR for rent hikes based on the alternative hardship provisions of the Rent Stabilization Law and Code. The DRA ruled against landlord, who appealed and won in part. The DRA had found that...

Outpatient Substance-Abuse Residents Claim They're Rent Stabilized

February 11, 2013    

Landlord leased a section of its SRO hotel to a counseling center that operated an outpatient substance-abuse program. The counseling center, in turn, rented 89 rooms to participants under transitional residency...

Landlord Can't Collect Higher Renewal Increase

February 7, 2013    

Tenant complained of a rent overcharge. The building had been removed from Mitchell-Lama in 2006 and became rent stabilized. When tenant's lease was renewed in 2009, landlord interpreted Rent Guidelines Board...

No Additional A/C Surcharge Permitted

January 14, 2013    

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent based on tenant's installation of two air conditioners that extended beyond the window line. The DRA ruled against landlord,...

Landlord Eliminated Tenant Parking Spaces

January 11, 2013    

Rent-stabilized tenants sued landlord after landlord tried to terminate tenants' parking lease riders and eliminate or relocate their parking spaces to an underground parking garage. Tenants sought a preliminary...

MCI Increase Reduced Temporarily by J-51 Offset

December 11, 2012    

Tenant appealed an order by the DRA, which temporarily reduced the monthly amount of a previously granted MCI rent hike based on the fact that landlord also received a J-51 tax abatement relating to the MCI. Tenant...

Court Vacates Settlement Agreement for Uncollectible Rent Amount

November 15, 2012    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted tenant's request to vacate the agreement for good cause shown. Tenant had...

Tenant Can't Recover Rent Paid for Illegal Apartment

November 15, 2012    

Former tenant sued landlord for the refund of rent paid for an illegal apartment, along with her security deposit. Tenant also sought $4,400 in moving costs. Except for the security deposit, the court ruled against...

Landlord Can Replace Key Lock with Electronic Keyless Card System

November 13, 2012    

Landlord asked the DHCR for permission to modify required building services by replacing the traditional building key lock with a keyless electronic card system. The DRA ruled for landlord despite tenant's...

Tenant Overcharged Roommate

October 10, 2012    

Four-Year Rule Applied

October 9, 2012