PROCEDURE-DHCR

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...

Insufficient Proof That Tenants Withdrew DHCR Complaint

June 24, 2017    

(Decision submitted by Manhattan attorney Sherief Gaber of Urban Justice Center Community Development Project, attorneys for the tenants.)

Landlord Can't Amend Annual Rent Registrations to Increase Listed Rents

April 28, 2017    

Landlord asked the DHCR for permission under Rent Stabilization Code Section 2528.3(c) and 2522.6(b) to amend an apartment’s annual rent registrations for 2014 and 2015. The DRA ruled against landlord, who...

Landlord Can't Amend 2013 Rent Registration

February 21, 2017    

Landlord asked the DHCR in 2016 for permission to amend tenant’s 2012 and 2013 annual apartment rent registrations. Landlord sought to change the 2012 registered rent from $1,348.84 to $1,348.36, and to change...

PAR Was Filed by Unauthorized Tenant Representative

October 28, 2016    

Tenants complained of a reduction in building-wide services based on various conditions. The DRA ruled for tenants and reduced their rents. Tenants appealed, claiming that the DRA omitted a finding that backyard...