NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

1991 Rent Reduction Order Prevented Vacancy Deregulation of Apartment

December 22, 2021    

Landlord sued to evict unregulated tenants for nonpayment of rent. Tenants claimed that they were rent stabilized and asked the court to dismiss the case. They also claimed rent overcharge, and sought attorney's...

Vacancy Deregulation of Tenant's Apartment Was Legal

December 22, 2021    

Tenant complained in July 2019 of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, who appealed and lost. Although tenant paid $2,100 per month when he moved into the unit in...

Apartment Was Properly Deregulated After Temporary Exemption

December 22, 2021    

Tenant complained of rent overcharge and improper apartment deregulation. Landlord showed that the apartment had been owner-occupied between 1999 and 2004, then rented at a first rent to a prior tenant, then...

Failure to Follow 2009 Roberts Ruling on Deregulation Didn't Constitute Fraud by Landlord

December 22, 2021    

Tenant complained of rent overcharge and improper deregulation in 2016. In 2014, tenant had moved into a building that received J-51 tax benefits between 2005 and 2017, at an initial rent of $3,750. The DRA ruled...

DHCR Substantially Reduces Overcharge Award After Regina Court Sets Calculation Method

December 22, 2021    

Landlord gave new tenants a deregulated lease in 2005 after removing the apartment from rent stabilization in 2003 under the Rent Stabilization Law's vacancy decontrol provisions. At the time, and until 2013, the...

HPD Regulatory Agreement Didn't Exempt Building from Rent Stabilization

December 21, 2021    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that the apartment wasn't rent stabilized because the building's mortgage Subordination Agreement and Regulatory Agreement with the City of...

No Proof Rent Charged Was Preferential Rent

December 21, 2021    

Rent-stabilized tenant complained in 2018 of rent overcharge and an improper renewal lease offer. The DRA found no overcharge but noted that the legal regulated base date rent for tenant's Feb. 1, 2016, renewal...

Small Overcharge Resulted From Late Fees and Lump-Sum MCI Arrears

December 21, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017. Tenant moved into the apartment in 1991 at a monthly rent of $400. By the time of his complaint, tenant paid $805 per month. Tenant claimed that the...

No Triple Damages for Overcharge Due to Mistaken Deregulation in J-51 Building

December 21, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $7,413, including interest and triple damages. Landlord appealed and challenged the triple damage...

Waiver Rule Not Applied in Calculation of Rent Overcharge in 421-g Building

December 21, 2021    

Tenant complained in October 2019 of rent overcharge. Tenant moved into the apartment on Nov. 1, 2014, and paid an initial rent of $7,775 under a one-year lease. The building received 421-g tax benefits that...

Landlord Improperly Deregulated Apartment in 421-g Building

December 21, 2021    

Tenant complained to the DHCR that her apartment was unlawfully deregulated while receiving Section 421-g tax benefits and that she was overcharged. Tenant moved into the unit on Jan. 15, 2015, and paid $3,164 per...

Landlord Proves Lawful High-Rent Vacancy Deregulation of Tenant's Apartment

December 21, 2021    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the apartment had been legally deregulated.