NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No Fraud Found in Connection with IAIs

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that individual apartment improvements (IAIs) done by landlord were merely repairs. She also claimed that landlord was charging her a preferential rent....

IAI Increase Approved for Building Wall to Divide Living Room

January 28, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $104, including interest. Tenant appealed and lost. The DRA had approved an individual apartment improvement (IAI) rent...

Preferential Rent Charged to Tenant Was Initial Legal Regulated Rent

January 28, 2019    

Tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $34,826, including interest. Landlord then filed an Article 78 court appeal. The court sent the case back to the DHCR for...

Family Member Granted Pass-On Rights Can't Challenge Order Also Granting Succession to Others

January 28, 2019    

Rent-stabilized tenant's family member, Rudy Nunez, sought succession rights after tenant died and complained to the DHCR that landlord refused to give him a renewal lease. The DRA ruled for Rudy, and ordered...

Landlord Must Give Subtenant Rent-Stabilized Renewal Lease

January 28, 2019    

Subtenant complained to the DHCR that she was entitled to a renewal lease because tenant engaged in an illusory tenancy scheme with landlord. The DRA ruled against subtenant, who appealed and won. Subtenant submitted...

Tenant's Daughter Can't Pursue Renewal Lease Claim While Eviction Case Pending

January 28, 2019    

Rent-stabilized tenant's daughter complained to the DHCR that landlord failed to offer her a renewal lease after tenant moved out of the apartment. She claimed succession rights. The DRA terminated the proceeding...

Landlord Properly Reregulated Apartment

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord had improperly deregulated the apartment while the...

DHCR Disallowed Some Claimed IAI Costs Based on Inspection

January 28, 2019    

The DHCR's Tenant Protection Unit (TPU) audited individual apartment improvements (IAIs) to tenant's apartment, then disallowed IAI costs and directed landlord to reduce tenant's rent. Landlord objected...

Landlord Must Refund $93,000 Overcharge Due to 1988 Rent Reduction Order

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge and claimed that a rent increase based on individual apartment improvements (IAIs) was improperly calculated. The DRA ruled for tenant and ordered landlord to...

Default Formula Applied to Set Base Date Rent

January 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $45,487, including triple damages and interest. The DHCR used its default formula to set the base rent...

No Triple Damages for Overcharge Resulting from Rent Reduction Orders

January 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $19,987, including interest. The DRA found that the overcharge resulted from a series of rent reduction...

CCTV Security System Qualifies as MCI

January 27, 2019    

Landlord applied for MCI rent hikes based on the installation of a CCTV security system. The DRA ruled for landlord. Tenants appealed and lost. It is long-standing DHCR policy that the installation of a CCTV security...