NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Can't Prove Tenant Caused Damage

November 23, 2020    

Rent-stabilized tenant complained to the DHCR of a reduction in services and that landlord failed to perform certain renovation or repair work to her apartment. The DRA ruled for tenant, and the DHCR denied landlord...

Landlord Reasonably Believed Apartment Was Deregulated

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR sent the case back to the DRA after HSTPA amended rent overcharge provisions in June 2019 to expand...

No Proof Overcharge Wasn't Willful

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,065, including triple damages. Landlord appealed and lost. Landlord argued that the overcharge wasn...

HSTPA Amendments to Rent Overcharge Provisions of RSL Improperly Applied Retroactively

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and applied a six-year lookback period under HSTPA. The DRA also found that landlord waived a higher legal regulated rent by listing only...

TPU Audit Led to Overcharge Finding of $87,000

November 23, 2020    

In May 2015, the DHCR's Tenant Protection Unit (TPU) commenced an audit of an apartment rent in landlord's building and, as a result, directed landlord to adjust the legal regulated rent. When landlord didn...

Apartment Was Improperly Deregulated But Overcharge Was Only $387

November 23, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant in 2014 and found that the apartment was deregulated based on a May 1, 2003, exit registration filed by...

Tenant Can't Reopen Overcharge Claim She Withdrew Earlier

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA later terminated the overcharge proceeding based on a letter from tenant's attorney stating that tenant agreed to withdraw the complaint based on a...

Building with Five Apartments Not Subject to Rent Stabilization

November 23, 2020    

Tenant complained of rent overcharge. Landlord claimed that the building contained fewer than six housing accommodations. The DRA ruled against tenant, finding that he wasn't subject to rent stabilization.

DHCR's Explanatory Addenda Affirmed HSTPA's Elimination of Deregulation of Apartment

November 23, 2020    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2019. Landlord pointed out that tenant admitted in response to the Income Certification Form (ICF) issued that year...

DHCR's Explanatory Addenda Called for Continuation of Tenant's Rent-Stabilized Status

November 23, 2020    

Landlord applied in 2016 for high-rent/high-income deregulation of tenant's rent-stabilized apartment after tenant failed to respond to the Income Certification Form (ICF) sent earlier that year. The DRA ruled...

Court Excuses Tenant's Failure to Answer LD Application Notice

November 23, 2020    

Landlord applied for high-rent/high-income deregulation of rent-stabilized tenant's apartment in 2009. Landlord claimed that tenant never responded to the Income Certification Form (ICF) that landlord had sent to...

Landlord Must Renew 421-a Tenant's Lease Based on Rent Paid

November 23, 2020    

Tenant complained to the DHCR that landlord refused to offer him a renewal lease and disputed landlord's claim that the apartment's legal rent was $3,300 per month. The DRA ruled for tenant and ordered...