NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Single-Ply Roof Installation Using New Technology Qualified as MCI

November 19, 2023    

Landlord applied for MCI rent hikes based on installation of a new roof. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that she didn't benefit directly from the roof work and that, at any...

Vacancy Deregulation Didn't Apply When Rent Threshold Reached by Addition of Co-Tenant

October 27, 2023    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, found that he was rent stabilized, and directed landlord to refund $17,446, including triple damages. Landlord...

No Rent Fraud Where Landlord of J-51 Building Relied on DHCR Policy Later Overruled

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge with interest equal to $22,014. Since landlord had refunded $44,709 to tenant while the...

Landlord Proves It Never Received Notice of Overcharge Complaint

October 27, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and applied the default formula to set the 2014 base date rent because landlord failed to provide a lease and/or rent ledger in effect on...

Landlord Points Out New Conditions Mistakenly Cited by Inspector

October 27, 2023    

Rent-stabilized tenant complained of a reduction in building-wide services based on conditions in the ground-floor hallway walls and stairways. The DRA ruled for tenant and reduced his rent. Landlord later applied...

Tenant's Rent Reduced After Landlord Replaced Door to Roof with Window

October 27, 2023    

Rent-stabilized tenant complained to the DHCR of a reduction in services because landlord removed the rear apartment door leading to the garage roof area and replaced it with a window. The DRA ruled for tenant and...

DHCR Adopts Rent Stabilization Code Amendments

October 26, 2023    

On Oct. 23, 2023, the DHCR certified adoption of amendments to the Rent Stabilization Code (RSC) it had proposed in August 2022. These RSC Amendments are expected to be published in the NY State Register on Nov. 8,...

No Triple Damages for Overcharge Resulting from Rent Reduction Order

October 25, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found no refund was owed. The overcharge wasn't willful, and landlord had refunded more than the overcharge amount plus interest...

Triple Damages Applied to Overcharge Based on Prior Rent Reduction Orders

October 25, 2023    

Nassau County tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,718, which included triple damages plus interest along with subtraction of a $3,543 refund...

DHCR Corrected Errors in Rent Overcharge Calculation

October 25, 2023    

Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $8,280, including interest. Landlord appealed and won in part. Landlord claimed that...

DHCR Found $123,000 Overcharge to Tenant in 421-a Building

October 25, 2023    

Tenant complained to the DHCR of rent overcharge in January 2019 and claimed that landlord engaged in a fraudulent scheme to deregulate his apartment by misrepresenting to HPD that the building was a condominium in...

Landlord Must Refund Excess Security Deposit Collected from Tenant

October 25, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant but found that tenant's rent arrears totalling $3,162 were greater than the $713 overcharge. So no overcharge refund was...