NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Didn't Waive Longevity Rent Increase

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund a small overcharge amount. Tenant filed an Article 78 court appeal, claiming that the overcharge finding...

Rent Overcharge Claim Dismissed

May 25, 2019    

Tenant complained of unlawful apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was lawfully deregulated due to a high-rent vacancy in 2009, prior to the base rent...

Rent Overcharge Determined Using Default Method

May 25, 2019    

Rent-stabilized tenant in Yonkers complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $36,345, including interest and triple damages. Landlord appealed and lost. Landlord claimed...

Landlord Made Good Faith Attempts to Correct Overcharge Error

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,000, including interest and triple damages. Landlord appealed, claiming that triple damages were...

No Proof of Fraud to Warrant Rent History Review

May 25, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,259, including interest and triple damages. Tenant appealed and lost. Tenant argued that the DRA should have reviewed...

Landlord Must Divide Overcharge Refund Among Co-Tenants

May 25, 2019    

Deregulated tenant complained to the DHCR of rent overcharge and improper deregulation. Tenant moved in on Jan. 1, 2013, at a monthly rent of $2,550. Prior tenant's last rent was $849. Landlord claimed that it...

Landlord Submitted Sufficient Proof of IAIs

May 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge but ordered landlord to refund $1,700 because landlord charged tenant a two-month rather than a one-month security deposit. Tenant...

Landlord Must Offer Rent-Stabilized Lease to First Tenant After Temporary Exemption

May 25, 2019    

Tenant complained to the DHCR of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment had been vacancy deregulated by the base rent date. The DHCR denied...

Tenant Can't Prove Dog Was Emotional Support Animal

May 24, 2019    

Landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. Tenant claimed that landlord's objection to the dog was untimely, and that the dog was an emotional support animal that...

Rent Frozen Until Landlord Files Missing Annual Rent Registrations

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $17,560, including triple damages. Landlord appealed and lost. The base date rent in September 2012 was $...

No Triple Damages Where Tenant Owed Significant Rent Arrears

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found an overcharge of $4,225, including interest. But no refund was due since tenant owed $54,000 in back rent. Tenant appealed and lost. Tenant claimed...

Legal Rent Reduced Based on Improper Conditional Rent Concession Clause

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,220, including interest and triple damages. The DRA found that landlord offered tenant a temporary...