Landlord applied to the DHCR for an exemption from ETPA coverage of its Kingston building based on substantial rehabilitation. The DRA ruled against landlord because landlord failed to submit requested documentation needed to make a determination. Landlord appealed and requested the opportunity to submit any missing documentation, arguing that it didn’t receive requests for additional […]

In 2013, 2015, 2016, 2017, and 2018, landlord filed timely applications seeking high-rent/high-income deregulation of tenant’s apartment. In November 2019, the DRA issued five separate orders dismissing each application because the HSTPA had repealed these deregulation provisions of the Rent Stabilization Law effective June 14, 2019, while landlord’s applications were pending. Landlord appealed each decision, […]

The DHCR’s Tenant Protection Unit (TPU) conducted a rent registration audit of tenant’s apartment in 2019 and then referred a rent overcharge complaint to the DRA. Based on landlord’s failure to submit a lease and/or rent ledger in effect on the base rent date four years earlier, the DRA set the base rent at $775 […]

The daughter of an apartment’s rent-controlled tenants complained to the DHCR of rent overcharge after her mother died. The DRA dismissed the complaint, noting that the daughter wasn’t authorized to file the overcharge claim. If she believed she had succession rights, the DRA advised her to commence a separate administrative proceeding to make that claim. […]

Landlord applied to the DHCR, claiming that it was entitled to a rent increase for tenant’s apartment based on individual apartment improvements (IAIs) performed. The DRA ruled against landlord, finding that landlord wasn’t entitled to recover IAI costs because the apartment wasn’t timely registered as vacant for the years 2022, 2023, and 2024.   Landlord […]

Landlord commenced an Article 78 mandamus proceeding against the DHCR and asked the court to issue a preliminary injunction ordering the DHCR to: (a) conduct an “AD” proceeding to review a Tenant Protection Unit (TPU) ruling on the legal rent of a rent-controlled apartment; (b) assign a docket number to the AD proceeding; and (c) […]

The DHCR’s Tenant Protection Unit (TPU) conducted a rent registration audit for the 2020 registration year and found that landlord’s documentation didn’t support the legal rent registered for tenant’s apartment for that year. The TPU directed landlord to refund or credit the current tenant any rent collected in excess of the legal rent plus interest. […]

Landlord applied to the DHCR for exemption from rent stabilization based on substantial rehabilitation of its building. The DRA terminated the proceeding and directed landlord to refile once a permanent Certification of Occupancy had been issued for the building. Landlord appealed and lost. The DHCR rejected landlord’s PAR because it didn’t provide a list of […]

Landlord filed a request with the DHCR in 2024 to amend annual rent registrations for an apartment for the years 2017 to 2024. Landlord asked the DHCR to permanently delete all records pertaining to the apartment because the apartment status changed upon tenant's death, the building had fewer than six units, and was renovated to be removed from the Loft Board.

Landlord filed an Application to Amend Registration with the DHCR in 2024, seeking to amend annual rent registrations for one apartment that landlord claimed were filed in error from 2018 through 2021. Landlord claimed that these registrations mistakenly listed landlord as a tenant in Apt. 3B but should've been registered as "owner occupied–temporarily exempt." After discovering the error, landlord subsequently registered the apartment this way.