NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Submitted Sufficient Proof of Individual Apartment Improvements Under Prior Rules

May 26, 2017    

(Decision submitted by Michael Littman of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Landlord Who Can't Prove Rental Agreement Can't Sue for Nonpayment of Rent

May 25, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that there was no rental agreement for the amount landlord claimed was due. Landlord, in turn, asked for...

On-Time Rent Provision in Lease Creates Preferential Rent

May 25, 2017    
Tenant complained of rent overcharge, claiming that  an “on-time discount” provision in his leases was improper. The DRA ruled for tenant and ordered landlord to refund $338. The DRA also reduced...

DHCR Can Review Pre-Base Date Rent History

May 25, 2017    

Tenant complained of rent overcharge in 2009, claiming that when she moved into the apartment in 2004 at a monthly rent of $2,700, she was given an improper deregulated lease. Tenant said that the building was...

Lower Preferential Rent Doesn’t Prevent High-Rent Deregulation

May 25, 2017    

Landlord applied for high-rent/high-income deregulation of tenant’s apartment in 2015, claiming that tenant’s rent was $2,500 or more per month and seeking verification as to whether tenant’s annual...

Landlord Can't Collect Cable TV Surcharge Without Tenant’s Written Consent

May 25, 2017    

Tenant complained of rent overcharge after landlord cooperative corporation started billing tenant three years earlier for a monthly $35 surcharge for cable television service. The DRA ruled for tenant and ordered...

DHCR Can't Rule on Whether Landlord Can Charge Tenant Attorney's Fees

May 25, 2017    

Rent-stabilized tenant complained of rent overcharge after landlord billed him for attorney’s fees in addition to his monthly rent. Landlord claimed that the fees were charged because after the Fire Department...

Installation of Electrical Meters Without Additional Rewiring Work Didn't Qualify as MCI

May 25, 2017    

Landlord applied for MCI rent hikes based on the installation of electrical meters. The DRA ruled against landlord, who appealed and lost. Rewiring qualifies as an MCI if the electrical upgrading includes...

Gas Line Replacement Didn't Qualify as MCI

May 25, 2017    

Landlord applied for MCI rent hikes based on the installation of a gas line. The DRA ruled against landlord, who appealed and lost. A building-wide gas line/piping generally qualifies as an MCI. But the installation...

Resurfaced Courtyard Without Tenant Access Doesn't Qualify as MCI

May 23, 2017    

Landlord applied for MCI rent hikes based on courtyard resurfacing. The DRA ruled against landlord because tenants didn’t have access to the resurfaced courtyard. Landlord appealed and lost. Although landlord...

Backflow Prevention Device Qualifies as MCI

May 23, 2017    

Landlord applied for MCI rent hikes based on the installation of a backflow preventer. The DRA ruled for landlord. Tenants appealed and lost. Installation of backflow prevention devices, when required by law, are...

No MCI Rent Hike for Boiler/Burner and A/C Equipment

May 23, 2017    

The DRA denied landlord’s MCI rent increase application for air conditioning equipment and a boiler/burner. Landlord appealed and lost. The building had a Con Edison steam heating system with an indefinite...

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