NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Can't Order Tenant to Pay Back Rent Owed After Dismissing Overcharge Claim

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2024. The DRA ruled for tenant in part, finding that the base date legal regulated rent (LRR) was $1,473 per month, that as of May 1, 2022, the LRR...

Tenant's Second Overcharge Complaint Was an Improper Attempt to Retry Prior Claim

April 22, 2025    

(Decision submitted by Manhattan attorney Eileen O'Toole, the Law Office of Eileen O'Toole, who represented the landlord.)

Overcharge Was Based on DHCR Rent Freeze and Court-Ordered Rent Abatement

April 22, 2025    

A Mount Vernon tenant complained to the DHCR of rent overcharge in 2022. Tenant also complained that landlord didn't renew his lease. The DRA ruled for tenant. Based on a prior DHCR rent reduction order, tenant...

Landlord Refunded Overpayment Upon Notice of Tenant's DRIE Benefits

April 22, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. Tenant claimed that her rent was frozen as the result of DRIE program benefits she received and that landlord was willfully overcharging her. The DRA...

Building Subject to HPD Regulatory Agreement Wasn't Rent Stabilized

April 22, 2025    

Rent-stabilized tenant complained to the DHCR that landlord failed to offer him a renewal lease on the same terms and conditions as his expiring lease. Tenant claimed that landlord took away a utility credit that was...

DHCR Sets Legal Rent Based on Equity Where Tenant Was Prior Landlord's Sister

April 22, 2025    

In 2022, landlord applied to the DHCR for a determination of an apartment's rent regulatory status and legal regulated rent. The DRA ruled that the apartment was rent stabilized and set the LRR at $450 per month...

No Sub Rehab Proved Where No Records Showed Prior Substandard Condition

April 22, 2025    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation. The DRA ruled against landlord, finding that it failed to present any substantive...

Building Exempt from Rent Stabilization Based on Substantial Rehabilitation

April 22, 2025    

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

Landlord's Useful Life Waiver Request Didn't Convince DHCR to Grant MCI Increase

March 28, 2025    

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled against landlord, finding that an MCI increase was previously granted for an elevator upgrade and that the useful life of the prior MCI...

DHCR Reverses Service Inspection Finding and Reduces Tenant's Rent

March 28, 2025    

Rent-stabilized tenant complained in 2022 of a reduction in services based on a vermin condition in the apartment. The DRA ruled against tenant, who appealed and won. Tenant claimed that the DHCR's inspection of...

Triple Damages Applied to Post-HSTPA Overcharge Despite Refund Made While Complaint Pending

March 28, 2025    

Rent-stabilized tenant complained to the DHCR about rent overcharge in 2020. She claimed that her rent had been frozen pursuant to a previously issued DHCR rent reduction order. The DRA ruled for tenant, finding...

MCI Application Reopened Based on Questions About Hazardous Violation Clearance

March 28, 2025    

Landlord applied to the DHCR for MCI rent hikes. The DRA ruled for landlord based on installation of a new boiler/burner. The building's tenant association appealed, and the case was reopened. Tenants claimed...