NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Tenant Moved into Building After Sub Rehab Exemption Took Effect

March 16, 2024    

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization as the result of a substantial rehabilitation in 1989. The DRA ruled for landlord but found that tenants of four...

Sixth Apartment Was Added to Old Four-Unit Pre-War Building

March 15, 2024    

A tenant filed an application with the DHCR, seeking an administrative determination that the building he lived in was subject to rent stabilization. He said that the buildng was built before 1974, contained at least...

Landlord Proved Apartment Was Vacancy-Deregulated in 2010

February 23, 2024    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2010. This was before tenant moved into the unit...

Proof of Claimed Individual Apartment Improvements Was Insufficient

February 23, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $682, including triple damages. Landlord appealed and lost. Although landlord had proved...

Landlord Not Limited to Guidelines Increase When Renewing Preferential Rent Pre-HSTPA

February 23, 2024    

Rent-stabilized tenant complained to the DHCR in April 2019 of rent overcharge. The DRA ruled against tenant, who appealed and lost.  Tenant argued that landlord had illegally raised her preferential rent beyond...

Landlord Properly Filed Requests to Waive Useful Life Limitations for Elevator MCI

February 23, 2024    

Landlord applied for MCI rent hikes based on elevator modernization. The DRA ruled for landlord and increased tenants' rents. The Tenants' Association appealed and lost. Tenants claimed that landlord failed...

Apartment Became Rent Stabilized After 10-Year Temporary Exemption

February 23, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the unit was deregulated in 2009, which was prior to the 2014 base rent...

Landlord Who Timely Refunded Overcharge in Pre-HSTPA Proceeding Avoided Triple Damages

February 22, 2024    

Rent-stabilized tenant in a building complained to the DHCR in 2017 of rent overcharge. He had moved into the unit in 1993 and claimed that he had been overcharged for 20 years. He also claimed that landlord had...

Landlord Didn't Get Proper Consent from Rent-Stabilized Tenants in Occupancy

February 22, 2024    

Tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total of $2,687, including triple damages. Landlord appealed and lost. In September 2022, landlord had...

Landlord Proved High-Rent Vacancy Deregulation of Apartment Occurred in 2018

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge and improper apartment deregulation in April 2019. Landlord claimed that there was no overcharge and that the unit had been vacancy-deregulated when...

Landlord Didn't Document Pre-Base Date Rent History in Support of Claimed Deregulation

February 21, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, found that he was rent stabilized, and found a total overcharge following the four-year...

No Rent Fraud Found in Connection with Small, Refunded Overcharge

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in January 2019. The DRA ruled for tenant in part, finding that there was a rent overcharge but insufficient evidence of fraud as tenant claimed. So...