NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Laundry Cart Service Removal Not a De Minimis Condition

July 27, 2021    

Rent-stabilized tenant complained of a reduction in several building-wide services. The DRA ruled for tenant, reduced his rent, and ordered landlord to restore services. The order was based on the DRA's finding...

DHCR Properly Reduced Rents Based on Out-of-Order Elevator

July 27, 2021    

Tenants complained to the DHCR of a reduction in building-wide services based on a number of conditions. The DRA ruled for tenants and reduced their rents solely based on a finding that the elevator leading to the...

No Fraud by Landlord Who Mistakenly Deregulated Apartment

July 27, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment, located in a building receiving J-51 tax benefits. Landlord responded that, once the outcome of the Roberts decision in 2010...

Overcharge Resulted from Incorrect Guidelines Increase for SRO Unit

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,447, including triple damages and interest. The DRA found that the base date rent was lawful, but there...

DHCR Uses Waiver Rule to Set Apartment's Legal Rent

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to offer tenant a renewal lease based on the current legal rent of $623 per month. Landlord appealed and lost....

No IAI Rent Increase Granted for Bathtub Reglazing

July 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $32,825, including triple damages and interest. Landlord appealed and lost. The DRA had excluded a $50...

Triple Damages Applied to Overcharge Based on Prior Rent Reduction Order

July 27, 2021    

The DHCR's Tenant Protection Unit (TPU) audited landlord for noncompliance with two DHCR rent reduction orders that froze tenant's rent. Based on landlord's failure to resolve the matter with TPU, TPU...

DHCR Applies Safe Harbor Rule on Appeal to Eliminate Triple Damages

July 27, 2021    

Tenant in a building receiving J-51 tax benefits complained of rent overcharge in 2017. The DRA ruled for tenant and found that: (a) the apartment had been rent controlled until 2012 when it became vacant; (b)...

Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant received a rent-stabilized vacancy lease when she moved into the unit in October 1995. But...

No Indicia of Fraudulent Scheme to Deregulate Apartment

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge after applying lawful rent increases to the four-year base date rent. While tenant initially paid a preferential rent, his...

Vacancy Increase Granted for Tenant Who Was Prior Tenant's Roommate

July 26, 2021    

Rent-stabilized tenant in a 421-a building complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,745, including interest. Landlord appealed and won in part. The DHCR agreed with...

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.)