NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Although Apartment Was Improperly Deregulated, There Was No Rent Overcharge

September 24, 2019    

Tenants complained of rent overcharge and improper deregulation of their apartment. The DRA ruled that the apartment had been improperly deregulated but that there was no overcharge. Tenants appealed and lost....

Overcharge Collected Despite Knowledge of Rent Reduction Order

September 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,926, including triple damages. Landlord appealed and lost. Landlord claimed that there was no willful...

Occupant Couldn't Prove Nontraditional Family Member Status

September 24, 2019    

Apartment occupant complained that landlord improperly refused to grant him a rent-stabilized renewal lease. Occupant claimed that he was a nontraditional family member entitled to succession rights after tenant...

Rent-Stabilized Tenant Who Moved Out Can't Maintain Renewal Lease Complaint

September 24, 2019    

Rent-stabilized tenant complained that landlord had failed to offer a proper and timely renewal lease. The DRA dismissed the complaint as moot. Tenant appealed and lost. Tenant argued that her complaint should be...

Landlord's Request to Amend Rent Registration Was Premature

September 24, 2019    

Landlord asked the DHCR for permission to amend the 2016 annual rent registration for one apartment. The DRA ruled against landlord, finding that it was premature to amend that registration in light of a pending DHCR...

Landlord Can't Amend 2007 Rent Registration

September 24, 2019    

Landlord asked the DHCR for permission to amend its 2007 annual rent registration for one apartment that landlord claimed was incorrectly registered as rent stabilized rather then temporarily exempt. The DRA ruled...

Rent Restoration Denied After Inspection Showed New Potholes in Parking Lot

September 24, 2019    

Tenants complained of a reduction in building-wide services based on defects in the building's parking lot pavement. The DRA ruled for tenants and reduced their rents. Landlord later requested rent restoration...

Tenants in Occupancy When DOB Issued Sign-Off Remained Stabilized After Substantial Rehab

September 24, 2019    

Landlord asked the DHCR for a ruling that its building was exempt from rent regulation due to substantial rehabilitation after Jan. 1, 1974. The DRA ruled for landlord but stated that all tenants who lived in the...

Landlord Submits Insufficient Proof That Building Is Exempt from Stabilization

September 24, 2019    

Landlord asked the DHCR for a determination that its building wasn't subject to rent stabilization. The DRA ruled against landlord, who appealed and lost. Landlord claimed that the building was vacant from 1989...

Landlord Can Replace Gas Stoves and Furnaces with Electric Appliances

September 24, 2019    

Landlord asked the DHCR for permission to replace all gas cooking stoves and furnaces used for heat with electric appliances to provide the same stove and heat furnace services. The DRA ruled for landlord. Tenants...

Apartment Occupied by Deceased Landlord's Daughter Was Temporarily Exempt

September 24, 2019    

Landlord, the building's trustee, asked the DHCR to determine whether an apartment in the building was temporarily exempt from rent stabilization due to owner occupancy. The DRA ruled that, since the apartment...

Landlord Can Replace Gas Stoves with Electric Stoves Without Reducing Rents

September 24, 2019    

Landlord asked the DHCR for permission to modify services of rent-stabilized tenants by replacing gas stoves with electric stoves. The DRA ruled for landlord. Tenant appealed and argued that the conversion wasn't...