NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Proceeding Reopened to Permit Landlord's Submission of Additional IAI Proof

April 25, 2019    

Tenant asked the DHCR to determine his rent regulation status. He claimed that he was rent stabilized although he had a deregulated lease. The DRA ruled for tenant, finding that landlord didn't submit requested...

DHCR Can't Look Back More Than Four Years to Examine Rent Stabilization Status

April 25, 2019    

Tenant filed an application with the DHCR, seeking a declaration that he was rent stabilized. The DRA ruled for tenant, and landlord appealed. The DHCR denied landlord's PAR. Landlord then filed an Article 78...

Apartment Was Eligible for Deregulation After J-51 Tax Benefits Ended

April 25, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA ruled against landlord, finding that tenant's lease didn't contain a J-51 rider while the...

Apartment Was Subject to Rent Stabilization Before J-51 Benefits Period

April 25, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. The DRA ruled against landlord, finding that the building received J-51 tax benefits and that tenant's...

Parking Area Wasn't Commercial Space for MCI Purposes

April 25, 2019    

Landlord applied for MCI rent hikes based on installation of a new roof, facade and parapet restoration, bulkhead and entrance doors, intercoms, and related architectural fees. The DRA ruled for landlord but set the...

MCI Rent Hike Delayed Until Hazardous Violations Corrected

April 25, 2019    

The DRA granted landlord's MCI rent increase application, based on installation of a new roof and exterior restoration. The DRA set the effective date of the increase as April 1, 2014, which was the first rent...

MCI Increase Granted for Handicap Lift

April 25, 2019    

The DRA granted landlord's application for MCI rent hikes based on installation of a handicap lift. Tenant appealed and lost. Tenant claimed that she should be exempt from the MCI rent increase because she had no...

Landlord Didn't Submit Rent History Records

March 19, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $71,480, including triple damages and interest. Landlord appealed and lost. Landlord claimed that the apartment had been...

Base Date Rent Reduced to Preferential Rent

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,454.74, including interest. Landlord appealed and lost. For the first time on appeal, landlord...

Rent Increase for IAIs Based on Apartment Renovation

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no rent overcharge. Tenant appealed and lost. Tenant claimed that landlord's individual apartment improvements (IAIs) should have been...

No Fraud by Landlord in Connection with Rent Overcharge Claim

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant had paid a preferential rent since the base date. Tenant appealed and won in part. Tenant correctly...

Rent Reduction Ordered Based on Defective Intercom

March 19, 2019    

Rent-stabilized tenant complained of a decrease in services to the apartment. Tenant claimed that the intercom system wasn't functioning properly. The DRA ruled for tenant and reduced his rent. Landlord appealed...