DHCR Order Permitting Discontinuance of Preferential Rent for Successors Unenforceable

September 28, 2022    

Landlord sued to evict family member successor tenant of rent-stabilized apartment for failure to sign a renewal lease. The renewal lease offer was for $2,720 for a one year or $2,747 for a two-year renewal. Tenant...

IAI Rent Increases Disallowed Without Written Tenant Consent

November 19, 2021    

Landlord asked the DHCR in 2018 for a ruling on an apartment's rent regulation status and for amendment of the unit's 2014 and 2015 annual rent registrations based on its claim that the unit became...

Landlord Didn't Clear Hazardous Violation in Time to Get MBR Rent Increases

September 27, 2021    

Landlord applied for 2020-21 Maximum Base Rent (MBR) increases for rent-controlled apartments in its building. The DRA denied landlord's application on July 30, 2020, finding that landlord failed to meet...

DHCR Denies 2020-21 MBR Increases

September 24, 2021    

Landlord sought maximum base rent (MBR) rent increases for rent-controlled apartments in its building for the 2020-21 cycle. On June 10, 2019, landlord commenced the proceeding by filing a violation certification (VC...

Landlord Used Incorrect Test Year Period for Alternative Hardship Application

September 23, 2021    

Landlord filed an Application for Rent Increase based on Alternative Hardship with the DHCR, and included 2018 building income and expense information for the test year period. The DRA ruled against landlord, finding...

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...