Landlord Didn't Get Proper Consent from Rent-Stabilized Tenants in Occupancy

February 22, 2024    

Tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total of $2,687, including triple damages. Landlord appealed and lost. In September 2022, landlord had...

Kingston Tenant's Allegedly Low Rent Didn't Result from Unique or Peculiar Circumstances

December 18, 2023    

Landlord of a rent-stabilized building in Kingston applied to the DHCR, seeking an increase in tenant's rent based on unique and peculiar circumstances. The DRA ruled against landlord, who appealed and lost. The...

DHCR Denies Comparative Hardship Applications Filed by Individual Co-op Unit Owners

February 21, 2023    

In two similar cases, the DHCR addressed applications by individual shareholder-tenants who sought comparative hardship rent increases for rent-stabilized apartments that each individual held in their respective...

State Law Now Bars Collection of A/C Surcharge from Rent-Regulated Tenants in Electrical Exclusion Buildings

December 20, 2022    

Effective Nov. 21, 2022, Chapter 619 of the Laws of the State of New York of 2022 prohibits owners of rent-stabilized and rent-controlled apartments in "electrical exclusion" buildings from the continued...

Appeals Court Rejects Landlord Challenge to HSTPA Amendments Limiting IAI Rent Hikes

December 20, 2022    

Landlord sued the DHCR, claiming that the agency's post-HSTPA policies and procedures concerning individual apartment improvement (IAI) rent increases were improper. After HSTPA was enacted, landlords were...

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-...