RENT INCREASE DENIED

MBR Increase Denied Based on Failure to Certify Violation Correction

July 26, 2021    

(Decision submitted by attorney David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, who represented the tenants.)

Landlord Didn't Certify Enough Corrected Violations for MBR Order of Eligibility

April 21, 2021    

In April 2019, landlord filed with the DHCR a violation certification form for the 2020-2021 maximum base rent (MBR) biennial cycle for rent-controlled tenants in the building. The form certified that all rent-...

No Rent Hike for Painting Rent-Controlled Unit Landlord Previously Painted

August 25, 2020    

Landlord applied to the DHCR for a rent increase based on a first-time painting of tenant's rent-controlled apartment. The DRA ruled against landlord, finding that the DHCR's rent registration cards showed...

No IAI Rent Increase Permitted for Refinishing Bathtub

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and disallowed some individual apartment improvement (IAI) increases collected by landlord. Landlord appealed and lost. The DRA correctly...

Landlord Waited Too Long to Collect RGBO 40 and 41 Rent Increases

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord waived its right to a retroactive rent increase for Rent Guidelines Board Orders (RGBO) 40 and 41. Rent increases...

No Proof of Unique or Peculiar Circumstances Warranting Rent Hike

January 28, 2020    

New landlord asked the DHCR for permission to increase rents of five rent-controlled apartments in a building based on unique and peculiar circumstances. Landlord pointed out that: (a) a 1983 CAB expulsion order had...

MBR Rent Hikes Denied Because Landlord Didn't Pay DHCR Fee

December 17, 2019    

Landlord applied for 2018-19 maximum base rent (MBR) increases. After processing landlord's application, the DRA mailed MBR fee payment notices to landlord, but landlord didn't respond. So, the DRA issued an...

Landlord Waived a Prior Vacancy Rent Increase

December 17, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that prior landlord had waived a vacancy rent increase in 2008 when a prior tenant moved out. Landlord appealed and lost....

Landlord Can't Collect Fuel Cost Adjustment from Rent-Controlled Tenant

December 17, 2019    

Rent-controlled tenant challenged landlord's report and certification of a fuel-cost adjustment (FCA). She claimed that there were a lot of errors in landlord's report. The DRA ruled against tenant, who...

Landlord Waived Its Right to Collect Higher Rent Increase

October 28, 2019    

Tenant complained of landlord's failure to offer a proper rent-stabilized renewal lease. The DRA ruled for tenant and found that a $195 rent overcharge resulted from the improper renewal lease given to tenant....

Tub Reglazing and Wood Floor Refinishing Disallowed from IAI Costs

April 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total rent overcharge of $22. Tenant appealed and lost. Tenant disputed a number of individual apartment improvements (IAIs)...

No IAI Rent Increase Granted for Apartment Asbestos Survey

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA had approved a rent increase for individual apartment improvements (IAIs)...