NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant Didn't Sign Building Service Complaint

March 23, 2020    

Rent-stabilized tenant complained of rent overcharge based on a 2018 DHCR building-wide rent reduction order, which froze collectible rents at the building effective Dec. 1, 2017. The DRA ruled for tenant and...

Legal Rent After Temporary Exemption Based on Regs at Time Tenant Moved In

March 23, 2020    

Former tenant complained of rent overcharge for the period between June 15, 2012, and Oct. 31, 2013. The DRA ruled for tenant, based on a DHCR rent reduction order that was in effect during tenant's occupancy....

Tenant Is Rent Stabilized Absent Proof That Building Is HMD

March 23, 2020    

Tenant complained that new landlord failed to give her a rent-stabilized renewal lease and, instead, sent her a 30-day termination notice. Tenant claimed that her apartment was in a building that was part of a...

Landlord Must Give Tenant Rent-Stabilized Lease Absent Substantial Rehab Ruling

March 23, 2020    

Tenant complained that landlord failed to offer a proper rent-stabilized renewal lease. The DRA ruled for tenant and ordered landlord to offer a renewal lease, while acknowledging that landlord had a pending court...

Landlord Needn't Add Parking Space Provision to Tenant's Renewal Lease

March 23, 2020    

Rent-stabilized tenant complained that landlord sent an improper renewal lease offer. The DRA ruled for tenant in part, finding that: (a) landlord had to amend the renewal lease offer to include the specific term of...

DRA Didn't Consider Rent Hikes Leading to Disputed Deregulation

March 19, 2020    

Tenant complained of rent overcharge and improper deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated and was no longer subject to rent stabilization. Tenant appealed, and the...

Overcharge Refund Offset by Rent Nonpayment

March 19, 2020    

Rent-stabilized tenant complained of rent overcharge based on landlord's continued collection of the full legal regulated rent after the DHCR issued a rent reduction order based on a reduction in services. The...

DHCR Can't Consider Tenants' Claim of Substandard Ceiling Height

March 19, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed, and the DHCR denied his PAR. Tenant then filed an Article 78 court appeal, claiming...

Undocumented Walls Discounted from IAI Rent Increase

March 19, 2020    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint concerning tenants' apartment, based on its audit finding that landlord failed to justify the cost individual apartment improvements (...

Missing DHCR Lease Rider Didn't Preclude Vacancy Deregulation

March 18, 2020    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the unit was exempt from rent stabilization due to high-rent deregulation.

New Landlord Must Pay Triple Damages Even if Prior Landlord Collected Overcharge

March 18, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, applied a six-year lookback period, and ordered landlord to refund $16,000, including triple damages. Landlord appealed and lost....

Landlord Can't Collect Fuel Cost Adjustment After June 14, 2019

March 18, 2020    

Rent-controlled tenant challenged the DRA's order that the monthly maximum collectible rent (MCR) was $3,752 effective Jan. 1, 2018; that the 2019 fuel cost adjustment (FCA) was $9.19 per room per month; and the...