NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No Rent Reduction Where Service Restored Before DHCR Inspection

April 27, 2021    

Rent-stabilized tenant complained to the DHCR in January 2019 of a reduction in services based on a gas service shut-off. Landlord answered that Con Ed had shut down the gas supply to tenant's apartment because...

Landlord Needn't Restore Tenants to Occupancy After Fire Destroys Buildings

April 27, 2021    

Tenants of two adjoining buildings owned by landlord filed 16 individual service reduction complaints and two building-wide service reduction complaints with the DHCR. The complaints resulted from a DOB Vacate Order...

Landlord Discontinued Security Guard Service Years Before Complaint

April 27, 2021    

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that landlord had removed a uniformed security guard and access to the building's backyard. The DRA ruled against tenants...

Names on Mailboxes Not a Required Service If Never Provided

April 27, 2021    

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents, based on conditions that included mailbox issues. Landlord later applied for...

Rent Reduced to $1 per Month Based on Uninhabitable Conditions

April 27, 2021    

Rent-stabilized tenant complained of a reduction in services based on multiple apartment defects. Tenant claimed that the kitchen cabinets were broken; the kitchen ceiling leaked; the bathroom shower knobs, wall,...

Landlord Proved the Cost of IAIs

April 27, 2021    

Rent-stabilized tenant complained of rent overcharge in 2017, claiming that prior landlord committed rent fraud. The DRA ruled against tenant, who appealed and lost. At the outset, the DHCR noted that the DRA...

Landlord Claims Tenant Wasn't Entitled to Claim Rent Overcharge

April 27, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2017 and ordered landlord to refund $16,043, including triple damages. Landlord appealed and lost. Landlord claimed that tenant...

Landlord Entitled to Collect Rent Increase for IAIs

April 26, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $692, including triple damages. Tenant appealed and lost. After tenant filed his PAR, the HSTPA was...

TPU Incorrectly Claimed Rent Overcharge

April 26, 2021    

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint against landlord in 2017 after conducting a rent audit. The DRA found an overcharge and ordered landlord to refund tenant $19,905,...

Landlord Continued Collecting Overcharge After Making Partial Refund

April 26, 2021    

Tenant in a rent-stabilized building subject to J-51 tax benefits complained to the DHCR in October 2012 of rent overcharge. Landlord claimed that it acknowledged the overcharge in accordance with the 2009 ...

Apartment's Initial Legal Regulated Rent No Longer Subject to Challenge

April 26, 2021    

Tenant complained in 2017 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the unit had been rent-controlled until it became temporarily exempt from rent regulation...

No Triple Damages for Tenant Who Wouldn't Accept Overcharge Refund

April 26, 2021    

Tenant complained to the DHCR in 2013 of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant in part. The apartment was rent stabilized, the legal base date rent was the $1,300 paid...