PROCEDURE-DHCR

DHCR Dismisses Ruling Request by Tenant with Issues Before DHCR in Other Proceedings

June 14, 2022    

Tenant asked the DHCR in January 2020 for an administrative determination regarding tenant's rent-regulated status and his apartment's legal rent. Landlord claimed that the building wasn't rent stabilized...

Landlord Can't Amend Rent Registration to "Temporarily Exempt"

May 17, 2022    

Landlord asked the DHCR in 2021 for permission to amend an apartment's annual rent registrations for the years 2015 through 2019. The apartment had been registered as rent stabilized, but landlord claimed that it...

Late Filing of PAR Not Excused by Tenant's COVID Infection

March 29, 2022    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who then filed a PAR to appeal. The DHCR rejected tenant's PAR as untimely. Tenant acknowledged with her filing that the PAR was...

Overcharge Case Reopened Because DRA Issued Order After Tenant Asked for More Time to Submit Info

March 29, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and got the case reopened for further consideration. The tenant had appealed a prior order issued by the DRA in the...

Tenant Didn't Properly Refile Rejected PAR

February 18, 2022    

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) to appeal the DRA's order granting landlord's application for MCI rent hikes. The DHCR rejected the PAR for procedural defects and...

Tenant's PAR Dismissed Based on Procedural Defects

February 18, 2022    

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) of the DRA's order granting landlord's MCI rent increase application. The DHCR rejected the PAR for procedural defects and advised...

Landlord's Lawsuit Against DHCR for Post-HSTPA IAI Policy Change Dismissed

February 14, 2022    

Landlord sued the DHCR, claiming that the agency's post-HSTPA policies and procedures concerning individual apartment improvement (IAI) rent increases were improper. After HSTPA was enacted, landlords were...

Landlord Seeks Ruling on Deregulation Status Through Rent Registration Amendment Application

January 24, 2022    

In August 2014, landlord asked the DHCR to amend annual apartment registrations for 80 units in its building. Landlord claimed that the prior landlord had in recent years incorrectly registered deregulated apartments...

Tenant Can Withdraw Overcharge Complaint to Pursue Matter in Court

October 27, 2021    

Tenant complained to the DHCR of rent overcharge before landlord sued to evict her in 2011. In 2015, the DRA ruled that, in light of the improper deregulation of the apartment and questions concerning the validity of...

Tenant's PAR Dismissed After Second Defective Filing

September 23, 2021    

Landlord applied for MCI rent hikes, and the DRA ruled for landlord. Tenant appealed, but the DHCR rejected tenant's PAR based on procedural defects. The DHCR instructed tenant that he could re-file properly...

Landlords' Appeal of 2014 Rent Stabilization Code Amendments Denied

May 24, 2021    

Landlords and real estate organizations sued the DHCR in 2014 to challenge the agency's adoption of 2014 amendments to the Rent Stabilization Code (2014 Amendments) as unconstitutional. Among other things,...

Tenant Claims She's Rent Controlled, Not Stabilized

April 26, 2021    

Tenant, who claimed she was rent controlled, complained to the DHCR of rent overcharge. The DRA ruled against tenant in April 2019, finding that the apartment was rent stabilized and that there was no overcharge....