NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Didn't Submit Rent History Records to DRA

April 26, 2019    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant and ordered landlord to refund $37,400, including interest and triple damages. The DRA set the base date rent-...

Triple Damages Based on Service Reduction Order

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,766, including interest. The overcharge was based on a service reduction order, in effect until July...

Apartment Rented by Nonprofit Temporarily Exempt from Rent Stabilization

April 26, 2019    

(Decision submitted by Tony Subraj, Vice President of Zara Realty, which represented the landlord.)

Pre-Base Date Lease Shows Apartment Was Deregulated

April 26, 2019    

Unregulated tenants complained of rent overcharge and improper deregulation of their apartment. Landlord argued that, on the January 2011 base date, the apartment was already lawfully deregulated and that there was...

Tenant Presented No Basis for Rent History Review

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued, for the first time in her PAR, that there were fraudulent...

Tenant Can't Present Proof for the First Time on Appeal

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,150, including triple damages and interest. Tenant appealed and lost. Among other things, the DRA's...

No IAI Rent Increase Granted for Apartment Asbestos Survey

April 26, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA had approved a rent increase for individual apartment improvements (IAIs)...

Landlord Replaced Intercom System Without DHCR Approval

April 25, 2019    

Rent-stabilized tenant complained of a reduction in services, based on landlord's removal of the building's intercom system. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord...

Eviction Case Stayed Until DHCR Determines If Building Was Substantially Rehabbed

April 25, 2019    

Landlord sued to evict unregulated, month-to-month tenant. Tenant claimed that she was rent stabilized although landlord argued that the building was exempt from rent stabilization because the building had been...

Landlord, Tenant LLC, and LLC Member All Responsible for Overcharge Refund to Subtenant

April 25, 2019    

Subtenant complained of illusory prime tenancy and rent overcharge by tenant. Tenant had rented more than one apartment from landlord since 1995. The DRA ruled for subtenant and found an overcharge totaling $201,593...

Tenant's Preferential Rent Rider Limited to Specific Lease Term

April 25, 2019    

Rent-stabilized tenant complained to the DHCR that landlord failed to renew her lease on the same terms and conditions as her prior lease because landlord failed to offer her a preferential rent upon renewal. The DRA...

Deregulated Apartment Remained Exempt Even If Rent Went Below Deregulation Threshold

April 25, 2019    

Unregulated Nassau County tenant complained that she was rent stabilized. Landlord argued that the apartment had been vacancy deregulated by 2007 and was therefore exempt from the ETPA. The DRA ruled against tenant...