NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

MCI Increase Granted for Roof Installation Found to Be Complete, Not Partial

October 21, 2019    

Landlord applied for MCI rent hikes based a new roof and elevator upgrading. The DRA ruled for landlord. Tenants appealed and won in part. The DHCR agreed with tenants that some sections of the roof hadn't been...

MCI Increase Granted for New Garage Roof that Doubled as Courtyard

October 21, 2019    

Landlord applied for MCI rent hikes based on the installation of a new garage roof that functioned as a courtyard. The DRA ruled for landlord but disallowed the costs of the garage walls and interior, foundation...

Rent-Stabilized Apartment Was Lawfully Deregulated Before June 14, 2019

October 21, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2016. The DRA ruled for landlord because the NY State Dept. of Taxation and Finance (DTF) verified that tenant's annual...

Tenant in 421-a Building Not Subject to Deregulation

October 21, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. Landlord advised the DHCR that the building was constructed after Jan. 1, 1974, and was rent stabilized...

Tenant Properly Affirmed Application for Rent Reduction

September 25, 2019    

Tenant complained of a reduction in required apartment services. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the complaint was filed improperly by a tenant...

Daughter of Formerly Rent-Controlled Tenants Can't Get Replacement Apartment

September 25, 2019    

Tenants' daughter complained that the deceased tenants, who were her parents, had been rent controlled and that landlord failed to renew a lease in her name. The DRA ruled against the daughter, who appealed and...

Landlord Didn't Prove Tenant Was Charged Preferential Rent

September 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,521, including triple damages. Landlord appealed and lost. Landlord failed to prove that tenant had a...

Tenant's Legal Rent Reduced Based on Improper Rent Discount Clause in Lease

September 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord argued that the legal regulated rent on the base date was $1,872, while the $1,400 rent paid by...

DHCR Inspection Showed that Services Had Been Restored

September 24, 2019    

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings that paint was chipped on the stairway wall between the second and third floors,...

Rent Demand Didn't Provide Prior Notice of Rent Surcharge

September 24, 2019    

Landlord sued to evict Mitchell-Lama co-op tenant based on nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord was time-barred from collecting back rent dating to 2012 under the six...

Tenant's Delays and Errors in Rent Payments Didn't Excuse Willful Rent Overcharge

September 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,110, including triple damages and interest. Landlord appealed and lost. Landlord argued that there...

On-Time Rent Payment Discount Was Disallowed

September 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,662, with triple damages. Landlord appealed and lost. Tenant's lease that commenced on Sept. 1,...