PROCEDURE-DHCR

DHCR Must Reopen Overcharge Case After Losing File

July 24, 2025    

Rent-controlled tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on landlord's failure to answer notice of the tenant's complaint, and set the Maximum Collectible Rent (MCR) at...

Rent Reduction Order States It Wouldn't Apply If Apartment Wasn't Rent Stabilized

May 19, 2025    

Rent-stabilized tenant complained to the DHCR in 2023 of a reduction in required services because gas service to the building had been cut off. Landlord didn't answer the DRA's notice of tenant's...

Tenant's Second Overcharge Complaint Was an Improper Attempt to Retry Prior Claim

April 22, 2025    

(Decision submitted by Manhattan attorney Eileen O'Toole, the Law Office of Eileen O'Toole, who represented the landlord.)

Utility Credit Set by HPD Not Subject to DHCR Jurisdiction

April 22, 2025    

Rent-stabilized tenant complained to the DHCR that landlord failed to offer him a renewal lease on the same terms and conditions as his expiring lease. Tenant claimed that landlord took away a utility credit that was...

DHCR Sets Legal Rent Based on Equity Where Tenant Was Prior Landlord's Sister

April 22, 2025    

In 2022, landlord applied to the DHCR for a determination of an apartment's rent regulatory status and legal regulated rent. The DRA ruled that the apartment was rent stabilized and set the LRR at $450 per month...

Court Dismisses Tenants' Lawsuit Against DHCR Claiming Negligence

March 27, 2025    

Tenants sued the DHCR, claiming that they intended to sue the DHCR for negligence. They started the lawsuit claiming to need pre-action discovery from the DHCR to identify the specific DHCR Records Access Officers or...

DHCR Reopens Rent Overcharge Case

November 25, 2024    

Tenant complained to the DHCR in 2020 of rent overcharge and improper deregulation of his apartment. Tenant claimed that landlord had illegally deregulated the apartment before he moved in in 2014 at a monthly rent...

Tenant, Represented by an Attorney, Can Withdraw His PAR of DHCR Order

November 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who then filed a Petition for Administrative Review (PAR). Later, by letter from tenant's attorney, the tenant...

Landlord Can't Amend DHCR Registrations to Correct Apartment Status

November 24, 2024    

Landlord applied to the DHCR to request amendment of annual rent registrations for an apartment for the years 1990 to 2023. Landlord claimed that the apartment's status was incorrectly registered as rent...

Landlord Must Wait for Final DHCR Ruling on Remanded Case Before Filing Appeal

September 24, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant in 2023, finding that the apartment had been vacancy deregulated in 2018 when...

Late PAR Accepted Because DRA Didn't Mail Copy of Order to Tenants' Attorney

September 19, 2024    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord and increased tenants' rents. The DHCR dismissed the tenant association's PAR because it was filed...

DHCR Won't Consider Lease Records Submitted for the First Time with Tenant's PAR

August 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant. The base rent date was June 14, 2015, all monthly rent adjustments since the base date had been lawful, and there were...