NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Must Provide Secondary Manual Elevator

February 24, 2019    

Tenants complained of a reduction in building-wide services based on the removal of manual elevator service. Landlord appealed and lost. Landlord pointed out the building contained a separate passenger elevator....

Tenant's Failure to Respond to Deregulation Application Excused

February 24, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016 when tenant's legal rent reached $2,700 or more, to determine whether tenant's annual household income...

Tenant Showed No Good Cause to Vacate Default in Deregulation Case

February 22, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017, when tenant's monthly rent was $2,700 per month, and requested verification of household income to...

No Deregulation for New Apartment with No Rent Stabilization History Before J-51 Applied

February 22, 2019    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Deregulation Applied to New Tenant Who Didn't Live in Apartment During Prior Tax Years

February 22, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2018, claiming that the legal rent was $2,733.75 or more. Tenant had admitted in the Income Certification Form (ICF...

Tenants in Reregulated Building Were Subject to MCI Rent Hikes

February 21, 2019    

The DRA granted landlord's rent increase application based on window replacement. Landlord appealed and won. Landlord claimed that the list of affected apartments should be amended to include those apartments...

MCI Increase Granted for Elevator Modernization

February 21, 2019    

The DRA approved landlord's MCI rent increase application based on elevator modernization. Tenants appealed and lost. They claimed that a prior MCI rent increase was granted for an elevator upgrade within the...

MCI Kitchen Upgrades Didn't Reduce Apartment Sizes

February 21, 2019    

Landlord applied for MCI rent hikes based on repiping, including gas risers, as well as kitchen and bathroom upgrades. The DRA ruled for landlord. Tenants appealed and lost. They claimed that the work was defective...

Landlord Responsible for Tenant's Injury on Ice Outside Building

January 28, 2019    

Former tenant sued landlord for negligence after she slipped and fell on ice outside her apartment building and claimed that she was injured. After a jury trial, the court found that landlord was 100 percent liable...

Landlord Can't Collect MCI Increase Until Rent Restoration Order Issued

January 28, 2019    

The DRA granted landlord's MCI rent increase application based on the installation of a new boiler/burner and chimney. Tenant appealed and lost. She argued that her rent had been reduced by the DHCR. But the DRA...

Useful Life of Prior Facade Work Didn't Matter

January 28, 2019    

The DRA granted landlord's application for MCI rent hikes based on pointing and waterproofing with related architectural services. Tenants appealed and lost. They claimed that the useful life of the prior work...

Concrete Replacement Work Didn't Qualify as MCI

January 28, 2019    

Landlord applied for MCI rent hikes based on the installation of new concrete yards at its building. The DRA ruled against landlord, who appealed and lost. To qualify as an MCI, concrete resurfacing must involve the...