NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Newly Created Apartment Constructed in 2008 Was Deregulated

September 27, 2021    

Tenant complained that his apartment had been improperly deregulated. The DRA ruled against tenant, finding in 2018 that the apartment was a newly created unit, that the first legal rent was above the $2,000 high-...

Fair Market Rent Appeal Was Untimely and Not Subject to Fraud Claim

September 27, 2021    

Tenant filed a fair market rent appeal (FMRA) in 2017, challenging the initial $2,400 rent set by landlord in 2012 after the prior rent-controlled tenant vacated the apartment. The DRA dismissed the FMRA as untimely...

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...

Housing Court Settlement Didn't Prevent Rent Overcharge Finding

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge based on outstanding rent reduction orders. The DRA ruled for tenant and found the overcharge was willful. Although rent restoration orders had been issued in...

Gas Service Restored by Time of DHCR Inspection

September 27, 2021    

Rent-stabilized tenant complained of a reduction in services, claiming that his stove and oven weren't working properly. The DRA ruled against tenant, finding that the stove/oven was working properly and cooking...

No Willful Overcharge Where Landlord Followed pre-Roberts DHCR Policy

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,924, with interest. Landlord had refunded more than this amount to tenant in response to the complaint...

Landlord's Application of Overcharge Refund to Security Deposit Tenant Owed Didn't Void Triple Damages

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund a total of $386, including triple damages. In 2017, landlord had increased tenant's monthly...

Parties Can't Stipulate Collectible Rent Was Higher Than Rent Set by Rent Reduction Order

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017 based on a DHCR rent reduction order. The DRA ruled for tenant and noted that some overcharge refund or rent credit had been made by landlord. Tenant...

Landlord Didn't Make Good Faith Overcharge Refund

September 27, 2021    

Tenant complained in 2017 of rent overcharge and improper deregulation of his apartment. In response, landlord acknowledged that tenant was rent stabilized, reduced tenant's rent, and issued an overcharge refund...

Triple Damages Applied to Rent Overcharge Based on Rent Reduction Order

September 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $11,250, including interest and triple damages. The overcharge finding was based on a DHCR rent...

Apartment Was Properly Vacancy Deregulated in 2008

September 24, 2021    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. The apartment had been legally deregulated in June 2008 due to high-...

Rent Restored Despite Tenant's Complaints About New Elevator

September 24, 2021    

Rent-stabilized tenant complained of a reduction in building-wide services based on defective elevator service. The DRA ruled for tenant in 2010 and reduced her rent. Landlord later sought rent restoration based on...