NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Two Weeks Added to Two-Year Vacancy Lease Didn't Invalidate It

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,296, including interest after the DRA disallowed a portion of the individual apartment improvement (IAI...

Landlord Collected Renewal Increase Without Executed Renewal Lease

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,228, including triple damages. Landlord appealed and lost. Landlord claimed that there was no willful...

No Fraud Found in Connection with Rent Registrations or IAIs

August 24, 2018    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding that the rent was frozen at $1,925 per month when tenant moved in on Nov. 1, 2013, based on landlord...

DHCR Can't Order Landlord to Renew Garage Lease for Tenant's Son

August 24, 2018    

Rent-stabilized tenant's son complained to the DHCR that landlord refused to renew a renewal lease he had for a garage space in the building. The DRA ruled for the son, noting that landlord wasn't required to...

Rent-Stabilized Rent Frozen Based on Missing Annual Rent Registrations

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $740, including interest. Landlord appealed and lost. The overcharge finding was based on a rent freeze...

Apartment Resumed Rent-Stabilized Status After Temporary Exemption

August 24, 2018    

Landlord asked the DHCR to determine the status of tenant's apartment. After an extended period of temporary exemption while the apartment was owned and operated by a not-for-profit hospital that used the unit...

Insufficient Proof of IAI Rent Increases Prevent Finding Apartment Was Deregulated

August 24, 2018    

The DHCR's Tenant Protection Unit (TPU) referred a rent overcharge claim to the DRA after landlord failed to comply with the results of TPU's audit of landlord's individual apartment improvements (IAIs)....

Building with Four Apartments Not Subject to Rent Stabilization

August 23, 2018    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization because it contained fewer than six apartments. The DRA ruled against landlord, finding that a prior DHCR ruling found a rent...

Adjoining Buildings Had Enough Common Systems to Constitute HMD

August 23, 2018    

Tenant of a building containing four apartments claimed that she was rent stabilized because her building, together with the building next door, was a horizontal multiple dwelling containing six or more apartments...

Rent Overcharge Finding Revoked

August 21, 2018    

Tenant complained of rent overcharge. The DRA ruled for tenant on Feb. 17, 2016. Landlord appealed and won. Landlord pointed out that on Nov. 1, 2016, the DRA issued an order finding that the building had been...

Rent Restoration Date Delayed

August 21, 2018    

The DRA reduced rent-stabilized tenant's rent based on a reduction in services. Landlord later filed an application to restore rent based on the restoration of services. The DRA ruled for landlord. Tenant...

Rent Restoration Date Follows Date of Notice to Tenant that Vacate Order Had Been Lifted

August 21, 2018    

The DRA reduced tenant's rent to $1 per month based on a fire that rendered tenant's apartment uninhabitable effective Sept. 1, 2015. The DRA later granted landlord's application to restore rent based on...

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