NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Won't Apply HSTPA Provisions to MCI Application Decided before June 14, 2019

February 25, 2025    

Landlord applied for MCI rent hikes based on elevator upgrading. The DHCR ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord filed its application more than two years after completion of the...

Tenant's Preferential Rent Must Remain in Place Upon Lease Renewal

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and...

On-Time Rent Clause Reduced Claimed Preferential Rent to Legal Regulated Rent

February 25, 2025    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $15,873, including triple damages. Landlord appealed and lost. The DRA had properly...

Small Rent Overpayment by ERAP Must Be Refunded to OTDA

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $9,943, including triple damages and interest. The DRA noted that, after a partial refund already granted...

New Landlord Responsible for Willful Rent Overcharge Based on Prior Rent Reduction Order

February 25, 2025    

Rent-stabilized tenant complained to the DHCR on June 25, 2019, of rent overcharge. The DRA ruled for tenant and ordered a refund of $50,869, including triple damages, for overcharges occurring between 2015 and 2023...

Tenant Who Requested Move to Deregulated Apartment Was No Longer Rent Stabilized

February 25, 2025    

A Bronxville tenant complained to the DHCR of rent overcharge. She lived in a rent-stabilized apartment in landlord's building, and later moved into a different, unregulated apartment in the same building. Tenant...

Legal Rent When Tenant Changed Units Remained Rent Collected for First Unit

February 25, 2025    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,170, including triple damages. Tenant appealed and won. Tenant argued that the actual overcharge was...

Interest Revoked on Portion of Rent Overcharge Refunded Before DHCR Ruling Issued

February 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding that landlord collected $3,500 per month for 18 months when the legal rent was $2,903. The DRA directed landlord to...

Default Formula Applied to Set Base Date Rent Where No Rent History Records Supplied

February 24, 2025    

In 2017, the DHCR's Rent Administrator opened a rent overcharge proceeding upon referral from the agency's Tenant Protection Unit (TPU). In June 2021, the DRA requested from landlord complete rent history...

Default Formula Properly Applied to Overcharge Claim

February 24, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. Despite a number of granted extensions, landlord didn't submit any rent history records. The DRA then ruled for tenant and set the base...

Rent Overcharge Found After Calculating Lawful Rent Increases for Period of Temporary Exemption

February 24, 2025    

Rent-stabilized tenant complained to the DHCR that landlord failed to renew his lease and overcharged him. Tenant claimed that certain claimed individual apartment improvements (IAIs) hadn't been completed. The...

Apartment Subject to Regulatory Agreement Between Landlord and HPD

February 24, 2025    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that the apartment was subject to rent stabilization. Tenant appealed and lost. In a prior DHCR ruling, the agency found that a...