PROCEDURE-DHCR

Tenant Can't Seek Enforcement on Appeal of DRA Order

March 27, 2018    

Tenant complained of rent overcharge and specifically claimed that landlord failed to register her apartment with the DHCR between 2009 and 2014. The DRA ruled for tenant and ordered landlord to file the missing rent...

Landlord Can't Amend Rent Registrations Until DHCR Decides Overcharge Complaint

March 22, 2018    

Landlord asked the DHCR for permission to amend annual rent registrations for the years 2007, 2009, and 2011 through 2014 for a specific apartment. Landlord claimed that it had mistakenly designated registrations for...

DHCR Properly Reconsidered Overcharge Finding Based on Irregularity in a Vital Matter

March 19, 2018    

Tenant complained to the DHCR of rent overcharge and challenged the rent set for his apartment by HPD. The DHCR ruled for tenant but later ruled against another tenant in the same building who made an identical claim...

DHCR Won't Decide Landlord Application to Determine Whether Apartment Is Deregulated

January 26, 2018    

Landlord asked the DHCR to determine whether a particular apartment was exempt from rent stabilization. Landlord claimed that the apartment should be exempt based on high-rent deregulation. The DRA dismissed the...

DHCR Sent Additional Information Request to Wrong Address

January 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant and dismissed the complaint after tenant failed to respond to the DRA's request for additional information. Tenant appealed, and...

Landlord Claims Occupant Isn't Rent-Stabilized Tenant

October 30, 2017    

The DRA reduced rent-stabilized tenant's rent to $1 per month after a fire caused tenant to move out involuntarily. Landlord appealed and lost. Landlord claimed that tenant didn't file the complaint resulting...

No Valid Excuse for Late PAR Filing

October 30, 2017    

Rent-stabilized tenant filed a PAR of a decision in landlord's favor. The DHCR dismissed the PAR as untimely. The DRA's order notified tenant that a PAR must be filed within 35 days as a matter of law after...

Request for Reconsideration of DHCR Order Must Be Filed Within 95 Days

October 30, 2017    

Rent-stabilized tenant complained to the DHCR that landlord had failed to correct a lease renewal as directed by a prior DHCR order. The DRA ruled that landlord had failed to give tenant a correct lease as ordered,...

USPS Tracking Service Proved That PAR Was Untimely

September 28, 2017    

Tenant complained of rent overcharge. The DRA ruled against tenant. Tenant appealed, but the DHCR dismissed tenant's PAR as untimely. Rent Stabilization Code Section 2529.2 states that a timely PAR that's...

Landlord's Request to Amend Prior Year's Rent Registration Denied

July 24, 2017    

In December 2016, landlord asked the DHCR for permission to amend an apartment registration filed in 2015. Landlord claimed that the apartment was mistakenly registered as rent stabilized in 2015 when it should have...

Landlords' Challenge to 2014 Rent Stabilization Code Amendments Concerning Four-Year Rule Denied

June 27, 2017    

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

Landlords' Challenge to Creation of DHCR Tenant Protection Unit Denied

June 27, 2017    

Landlords and real estate organizations sued the DHCR to challenge the DHCR's adoption in 2014 of amendments to the Rent Stabilization Code as unconstitutional. Among other things, landlords sought to eliminate...

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