NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Apartment Became Rent Stabilized After 10-Year Temporary Exemption

February 23, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, finding that the unit was deregulated in 2009, which was prior to the 2014 base rent...

Landlord Who Timely Refunded Overcharge in Pre-HSTPA Proceeding Avoided Triple Damages

February 22, 2024    

Rent-stabilized tenant in a building complained to the DHCR in 2017 of rent overcharge. He had moved into the unit in 1993 and claimed that he had been overcharged for 20 years. He also claimed that landlord had...

Landlord Didn't Get Proper Consent from Rent-Stabilized Tenants in Occupancy

February 22, 2024    

Tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total of $2,687, including triple damages. Landlord appealed and lost. In September 2022, landlord had...

Landlord Proved High-Rent Vacancy Deregulation of Apartment Occurred in 2018

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge and improper apartment deregulation in April 2019. Landlord claimed that there was no overcharge and that the unit had been vacancy-deregulated when...

Landlord Didn't Document Pre-Base Date Rent History in Support of Claimed Deregulation

February 21, 2024    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, found that he was rent stabilized, and found a total overcharge following the four-year...

No Rent Fraud Found in Connection with Small, Refunded Overcharge

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in January 2019. The DRA ruled for tenant in part, finding that there was a rent overcharge but insufficient evidence of fraud as tenant claimed. So...

Discontinuation of Service Elevator Results in 3% Permanent Rent Reduction

February 21, 2024    

Landlord asked the DHCR in 2018 for permission to modify required services for rent-stabilized tenants by removing the building's service elevator. Landlord had in fact already removed the service elevator. The...

HSTPA Amendments Supersede Prior Court Settlement Ending Tenant's Preferential Rent in 2020

February 21, 2024    

Landlord asked the DHCR for a ruling on whether his rent-stabilized tenant's preferential rent could be discontinued by landlord when his renewal lease expired in 2020. In a 2014 housing court proceeding,...

DHCR Sets Legal Rent for Apartment Based on Rent Preceding Temporary Exemption

February 21, 2024    

Landlord asked the DHCR in 2016 for a ruling on the legal regulated rent for an apartment. Landlord claimed that the apartment occupant had been the building's janitor until his employment was terminated in...

Tenant's Son Fails to Prove Succession Rights

February 20, 2024    

A rent-stabilized tenant's son complained to the DHCR that landlord refused to offer him a renewal lease after tenant moved out of the apartment. The DRA ruled against the son, who appealed and lost. The DRA had...

Addition of Fifth and Sixth Apartments After 1974 Made Building Subject to Rent Stabilization

February 20, 2024    

Tenant asked the DHCR for a ruling on her regulatory status, claiming that she was subject to rent stabilization. The DRA ruled for tenant and set her legal regulated rent at $1,190.

MCI Rent Hike Granted in Accordance with DHCR Reasonable Cost Schedule

February 20, 2024    

Landlord applied to the DHCR for MCI rent hikes based on installation of new windows building-wide. The DRA ruled for landlord, finding it had replaced 518 windows in the building as well as nine windows in the...