PROCEDURE-DHCR

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....

Landlord's Appeal of DHCR's Order Was Premature

March 29, 2021    

Unregulated tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, who appealed and won. The DHCR ruled in its PAR decision that the apartment was rent...

Landlord Can't Appeal Non-Final DHCR Order

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in 2018, applying a four-year base date to review of the apartment rent history. Tenant appealed, and claimed that HSTPA, which...

DHCR Won't Rule on Landlord's Application Without Landlord-Tenant Dispute

December 21, 2020    

During March 2018, while an apartment was vacant, landlord made various individual apartment improvements (IAIs) costing $57,000. Under the law in effect when the IAIs were completed, landlord was entitled to add a...

Court Excuses Tenant's Failure to Answer LD Application Notice

November 23, 2020    

Landlord applied for high-rent/high-income deregulation of rent-stabilized tenant's apartment in 2009. Landlord claimed that tenant never responded to the Income Certification Form (ICF) that landlord had sent to...

DHCR Revokes Rent Reduction Order Issued for Unregulated Tenant

October 28, 2020    

Tenant complained to the DHCR in 2016 of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord, a cooperative corporation, appealed and won. The building had been converted to a co-op while...

Tenants Authorized Tenant Organization to File Complaints for Them

September 22, 2020    

Various rent-stabilized tenants complained of reductions of service in their apartments. The DRA ruled on 13 cases, dismissing 11 and reducing the rents of two tenants based on apartment conditions. Landlord appealed...

DHCR Must Reconsider Landlord's MBR Increase Applications

July 21, 2020    

Landlord of building complex applied for maximum base rent (MBR) increases for 10 rent-controlled apartments. The DHCR ruled against landlord, finding that landlord failed to pay MBR fees. Landlord then filed an...

TPU Can Sue Landlord for Claimed Violations of Rent Stabilization Law

May 19, 2020    

The DHCR's Tenant Protection Unit (TPU) sued landlord LLC entities of 38 buildings containing more than 2,500 rent-stabilized apartments, along with individuals who were connected with the landlord entities. The...

DHCR Reconsiders Prior Decision That Community Room Was Maintained

January 29, 2020    

Rent-stabilized tenant complained of a reduction in services. The DRA initially had ruled against tenant in March 2017, finding that a community room playground and parking lot gate were maintained. However, upon...

Lease Nonrenewal Case Reopened Based on Law Office Failure

January 28, 2020    

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled for tenant after landlord failed to answer the complaint, and ordered landlord to offer tenant a one- or two-year...