NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

MCI Application Denied Based on Missing Annual Rent Registrations

March 28, 2025    

Landlord applied to the DHCR for rent increases based on installation of major capital improvements (MCIs) consisting of new flooring, boiler/burner, lobby doors and intercom. The DRA ruled against landlord because...

Court Mistakenly Awarded Tenant Quadruple Damages for Rent Overcharge

March 27, 2025    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. The trial court ruled for tenant and directed landlord to refund $169,000 including triple damages.

Rent Overcharge Properly Determined Using Default Method

March 24, 2025    

Tenant complained to the DHCR in October 2019 of rent overcharge and improper apartment deregulation. Landlord claimed that the apartment was vacancy deregulated in 2014, before tenant moved into the unit in 2017....

No Rent Overcharge Occurred While Tenant Was Building Super and Paid No Rent

March 24, 2025    

Tenant complained to the DHCR in 2016 of rent overcharge. He claimed that he moved into the apartment in 1984, was rent stabilized until 2003 when he became the building superintendent, then paid no rent and had no...

No Waiver Under HSTPA of Triple Damages for De Minimis Overcharge

March 24, 2025    

Tenant complained to the DHCR of rent overcharge, claiming that she moved into the apartment in 1999, that her current share of her subsidized rent was $199 per month, and that landlord was improperly charging her...

Tenant's Overcharge Claim Was Resolved in Prior Court Proceeding

March 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. In response, landlord showed that tenant had raised these claims in a prior nonpayment proceeding that landlord had commenced...

DHCR Properly Applied Rent Payments to Calculate Total Overcharge

March 24, 2025    

Tenant complained to the DHCR in 2020 of rent overcharge based on rent reduction orders, illegal fees/surcharges, and missing apartment registrations. The DRA ruled for tenant and directed a total refund of $4,632,...

No Rent Overcharge Found Despite Outstanding Rent Reduction Order

March 24, 2025    

Rent-stabilized tenant complained in December 2019 to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund a total overcharge of $1,478, including triple damages, for the period...

Landlord Overcharged Rent-Controlled Tenant

March 24, 2025    

Rent-controlled tenant complained to the DHCR in 2022 of rent overcharge. She claimed that there were improper Maximum Base Rent (MBR) calculations in the apartment's rent history since 1960. Landlord claimed...

Base Date Rent Set by Default Formula Because No Lease or Ledger Submitted

March 24, 2025    

Rent-stabilized tenant complained of rent overcharge in 2023. The DRA ruled for tenant and ordered landlord to refund $8,144, including triple damages and interest. Because landlord failed to submit a lease and/or...

Rent-Stabilized Tenant's Son Fails to Prove Succession Rights

March 24, 2025    

An apartment occupant filed a lease violation complaint with the DHCR. He claimed that he was the son of the rent-stabilized tenant of record, that tenant moved into the unit in 1979, that he was born there in 1986...

DHCR Won't Apply HSTPA Provisions to MCI Application Decided before June 14, 2019

February 25, 2025    

Landlord applied for MCI rent hikes based on elevator upgrading. The DHCR ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord filed its application more than two years after completion of the...