NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No IAI Rent Increase Permitted for Refinishing Bathtub

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and disallowed some individual apartment improvement (IAI) increases collected by landlord. Landlord appealed and lost. The DRA correctly...

Landlord Proved Apartment Was Legally Deregulated in 2010

February 20, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the apartment had been vacancy deregulated in a legal manner. Tenant appealed and lost. The...

Six-Year Look-Back Period Applied to Pending PAR

February 20, 2020    

Rent-stabilized Yonkers tenant complained of rent overcharge in March 2017. The DRA ruled against tenant, finding no overcharge since the four-year base rent date. Tenant appealed, and the DHCR reopened the case. The...

Apartment Was Vacancy Deregulated Before Tenant Moved In

February 20, 2020    

Tenant complained to the DHCR of rent overcharge and claimed that his apartment had been improperly deregulated. The DRA ruled against tenant, who appealed and lost. When tenant moved in on April 15, 2016, he paid...

Rent Overcharge Claim Reopened

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in June 2018, finding a small overcharge of $171 including interest. Tenant appealed in July 2018. In December 2019, the DHCR reopened...

Landlord Waited Too Long to Collect RGBO 40 and 41 Rent Increases

February 20, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord waived its right to a retroactive rent increase for Rent Guidelines Board Orders (RGBO) 40 and 41. Rent increases...

Daughter Proves She's Rent-Controlled Tenant's Successor

February 13, 2020    

Prior landlord asked the DHCR to determine whether tenant was rent regulated. Landlord claimed that the building had been substantially rehabilitated. The DRA closed the case in 2004 because prior landlord didn't...

Super Became Rent-Stabilized Tenant When Employment Ended

February 13, 2020    

Tenant asked the DHCR to rule on whether he was rent stabilized. The DRA ruled for tenant, finding that the apartment was rent stabilized and that the legal rent was $400 per month. Landlord appealed and lost. The...

Rent-Controlled Tenant's Former Spouse Gets Apartment

February 13, 2020    

Tenant asked the DHCR to rule on whether she was a rent-controlled tenant. Tenant claimed that she had succession rights from prior rent-controlled tenant. The DRA ruled for tenant. She moved into the apartment prior...

Project-Based Section 8 Building Is Exempt from Rent Stabilization

February 13, 2020    

Tenant complained to the DHCR that services had been reduced in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, and argued that the apartment and building weren't rent stabilized...

Tenant's Dismissed Overcharge Claim Reopened Based on HSTPA

February 13, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. The DRA's finding was made based on a four-year base date of...

Rent Overcharge Case Reopened Based on Change in Lookback Period

February 13, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $597. Tenant appealed, and the case was reopened. The DRA had decided the...