NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Painting of New Garage Disallowed from Approved MCI Costs

July 16, 2019    

The DRA partially granted landlord's MCI rent increase application for installation of a garage roof and related costs for the underground garage roof and surface parking lot. Landlord appealed and claimed, among...

Tenant Complains First-Floor Medical Office Buzzed in Visitors Without Screening

June 24, 2019    

Rent-stabilized tenant complained of a reduction in building-wide services. Tenant claimed that a downstairs commercial medical office tenant treated the front entrance door as a private vestibule and gave entrance...

Tenant's Failure to Answer Deregulation Application Excused

June 24, 2019    

Landlord filed an application for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice to...

Tenant Overcharged for Ancillary Parking Space

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking space. The DRA found that landlord charged tenant the proper parking tax at a 10 percent rate on the March 2013 base rent date. And...

Triple Damages Applied to Overcharge Based on Disallowed IAI Costs

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $24,000, including triple damages and after deducting refunds already made. Landlord appealed, claiming...

Overcharge Resulted from Charging 1/40th IAI Rent Increase, Instead of 1/60th

June 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,430, including interest. Tenant appealed and lost. In response to the overcharge complaint, landlord...

Base Date Rent Set by Default Formula

June 23, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and set the base date rent by using the default formula. Landlord appealed and lost. Landlord claimed that the apartment was reconfigured into a duplex...

DHCR Inspection Showed None of the Claimed IAIs Were Done

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $138,204, including triple damages and interest. Landlord appealed and lost. Among other things, landlord...

Rent Overcharge of $170,000 Found Under Default Formula

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $169,926, including triple damages and interest. Landlord appealed and lost. Landlord had failed to submit...

Landlord Didn't Waive Right to Collect Retroactive MCI Rent Hike

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,058, including interest. Landlord appealed and won, in part. The overcharge was based on findings of...

No Rent Overcharge Found After Rent Arrears Considered

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,830, including interest. Landlord appealed and won. Landlord pointed out that tenant owed rent for a...

Overcharge Finding Based on 2002 Rent Reduction Order Goes Back Only Four Years

June 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including interest. The overcharge finding was based on a 2002 rent reduction order that had...