PROCEDURE-DHCR

DHCR Will Decide Tenant's Lease Violation Claim in Rent Overcharge Proceeding

June 24, 2024    

Tenant claimed that he was rent stabilized and complained to the DHCR that landlord had offered him an improper unregulated lease, which he had signed. Tenant later withdrew the complaint when he was moving out of...

DHCR Granted Landlord's Request for Reconsideration of Rent Administrator's Order

February 20, 2024    

Landlord applied to the DHCR for MCI rent increases based on elevator upgrading. The DRA ruled against landlord on Dec. 17, 2021. Landlord appealed and won. Before filing a Petition for Administrative Review (PAR),...

DHCR Advises Tenant to Pursue Lease Renewal Complaint in Court

October 24, 2023    

Section 8 tenant filed a lease violation complaint with the DHCR, claiming that landlord refused to correct her last rent-stabilized renewal lease. The DRA terminated the proceeding and advised tenant to go back to...

DHCR Won't Accept Proof of Lease Renewal Offer Filed for First Time with PAR

October 24, 2023    

Rent-stabilized tenant complained to the DHCR that landlord failed to provide a timely renewal lease. The DRA ruled for tenant after landlord failed to respond to the DRA's notice of tenant's complaint....

Landlord Who Filed Incorrect Form for Rent Increase Under Rent Control Can Refile

October 23, 2023    

A Nassau County rent-controlled tenant complained to the DHCR that landlord filed a duplicate application to the agency for a maximum collectible rent adjustment in 2023. The DRA ruled for tenant and dismissed...

Tenant Association Has No Standing to Challenge Determination of Housing Company's Capital Structure

August 28, 2023    

The Tenant Association of an affordable housing community governed by PHFL Article IV challenged an approval letter issued by the DHCR in September 2022, arguing that the decision set forth in that letter violated...

DHCR Reasonably Denied Landlord Request to Amend Rent Registration

March 23, 2023    

In 2019, landlord asked the DHCR for permission to amend its annual rent registration summaries for 2016 and 2017 by removing an apartment from the total rent-stabilized units and adding it to the total number of...

Prior DHCR Approval Not Needed to File Late Apartment Registrations

March 21, 2023    

In 2022, landlord submitted annual apartment registration forms for one apartment to the DHCR, noting that the apartment hadn't previously been registered for the years 2009 to 2016, and that a separate DHCR...

Can Landlord Withdraw Building from the Rental Market?

January 29, 2023    

Landlord asked the DHCR for permission to terminate the tenancy of the building's last rent-stabilized tenant in order to convert the entire building into a commercial premises to be used by a business that...

DHCR Improperly Decided Overcharge Issue in AD Proceeding for Regulatory Status Determination

December 19, 2022    

Tenant asked the DHCR for an administrative determination (AD) that his apartment was rent stabilized and to set the legal rent. Tenant claimed that he moved into the unit in 2008 and that landlord had fraudulently...

Landlord Can't Seek DHCR Ruling on Rent Regulatory Status of Vacant Apartment

December 19, 2022    

Tenants who moved into an apartment in June 2014 filed a DHCR service reduction complaint in 2017. The DRA ruled for tenants in 2018. Landlord filed a PAR of that order, claiming that the apartment was unregulated....

Overcharge Issue Shouldn't Be Decided in AD Proceeding on Rent Stabilization Status

December 19, 2022    

In 2016, tenant asked the DHCR to make an administrative determination that his apartment was subject to rent stabilization. Tenant also asked the DHCR to determine the "correct legal rent." In response,...