NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Building Substantially Rehabilitated in 2007 Was Exempt from Rent Stabilization

March 27, 2018    

Landlord asked the DHCR to determine that its building was exempt from rent stabilization based on substantial rehabilitation completed in 2007. HPD had issued a vacate order for the building in 2006 after a fire,...

Landlord Proves Building Was Substantially Rehabbed in 1984

March 27, 2018    

Landlord asked the DHCR for a determination that its building was exempt from rent stabilization because it had been substantially rehabilitated by prior landlord after Jan. 1, 1974. The DRA ruled for landlord....

Courtyard Use Was Required Ancillary Service

March 27, 2018    

Rent-stabilized tenant complained of a reduction in building-wide services. Tenant claimed that landlord had now barred tenant's use of the building courtyard, to reserve it for landlord's own use. The DRA...

Landlord Omitted Legal and Preferential Rents from One Lease

March 27, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,680, including triple damages for willful rent overcharge. Landlord appealed and won, in part. The DHCR...

Tenant Can't Seek Enforcement on Appeal of DRA Order

March 27, 2018    

Tenant complained of rent overcharge and specifically claimed that landlord failed to register her apartment with the DHCR between 2009 and 2014. The DRA ruled for tenant and ordered landlord to file the missing rent...

Apartment Improperly Deregulated During Receipt of J-51 Tax Benefits

March 27, 2018    

Tenant complained of rent overcharge, claiming that landlord had improperly deregulated his apartment in a J-51 building. The DRA ruled for tenant, finding the base date rent of $1,925 was legal but that there had...

No Rent Overcharge for Tenant in J-51 Building

March 27, 2018    

Rent-stabilized tenant complained of rent overcharge. Under tenant's vacancy lease in April 2013, she was charged a legal monthly rent of $3,310 and a preferential rent of $2,830. Tenant claimed that the...

Wife of Tenant Who Hadn't Permanently Vacated Wasn't Entitled to Renewal Lease

March 27, 2018    

The wife of a rent-stabilized tenant complained in July 2015 that landlord refused to offer her a renewal lease for the apartment. She claimed that tenant hadn't lived in the apartment since September 2013 when...

Tenant's Legal Rent Reduced to Preferential Rent

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that tenant's July 2014 renewal lease showed the legal regulated rent to be $883. This wasn't listed as a preferential...

Overcharge Limited to Periods Where Tenant Submitted Proof of Rent Payment

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,500 for the period between Jan. 1, 2014, through Dec. 31, 2015. Tenant appealed and lost. Tenant...

No Fraud by Landlord Where Tenant Paid Same Rent Since Base Rent Date

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant paid $1,150 per month on the base rent date and landlord never collected more than that amount since...

Rent Overcharge Resulted from Pre-Base Date Rent Reduction Order

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant based on a pre-base date rent reduction order, which froze the collectible rent on the base date until landlord filed for and obtained a...

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