NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

New Landlord Not Responsible for Prior Landlord's Rent Overcharge

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that it bought the building in a judicial sale and therefore wasn't responsible for any rent overcharges before April 2014. The DHCR ruled...

DHCR Acknowledges Complainant Wasn't Necessarily Legal Tenant

March 19, 2019    

Apartment occupant complained to the DHCR of rent overcharge. The DRA ruled against occupant, finding that the all rent increases were lawful after the base rent date. Landlord appealed and lost. Landlord argued that...

Some IAI Costs Disallowed Based on Insufficient Proof

March 19, 2019    

The DHCR's Tenant Protection Unit (TPU) conducted an audit of individual apartment improvements (IAIs) claimed by landlord for tenant's apartment. The TPU disallowed all the IAIs based on records submitted by...

Landlord Proved Costs for Individual Apartment Improvements

March 19, 2019    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that landlord made individual apartment improvements (IAIs) after the base date tenant moved out and that landlord properly increased tenant...

Landlord Charged Monthly Rent Increase for New Stove

March 19, 2019    

Rent-stabilized tenant complaint of rent overcharge. Specifically, tenant claimed that landlord added $12 per month to tenant's rent starting in January 2013 after landlord installed a new stove in tenant's...

Fuel Cost Adjustment Reduced Based on Incorrect Building Room Count

March 19, 2019    

Rent-controlled tenant challenged landlord's 2018 fuel cost adjustment (FCA) report, claiming that it was based on an incorrect building room count. The DRA agreed with tenant and corrected the 2018 FCA to $0.92...

DHCR Must Reconsider Whether Initial Rent Exceeded Fair Market Rent

March 19, 2019    

Tenant filed a fair market rent appeal with the DHCR. The DRA ruled against tenant, finding that the apartment's monthly fair market rent was more than the $6,000 charged to tenant when she moved in. Tenant...

Tenant Who Moved into Substantially Rehabbed Building Was Unregulated

March 19, 2019    

Landlord asked the DHCR for a determination that its building had been substantially rehabilitated after Jan. 1, 1974, and therefore was exempt from rent stabilization. The DRA ruled for landlord. Tenant appealed and...

Building Was Substantially Rehabilitated

March 19, 2019    

Landlord asked the DHCR to rule on its building's status. Landlord claimed that the building was exempt from rent stabilization due to substantial rehabilitation after Jan. 1, 1974. The DRA ruled for landlord....

Apartment Was Subject to Deregulation When J-51 Benefits Ended

March 19, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2015, when tenant's monthly rent was $2,500 or more and sought verification of whether tenant's annual...

Tenant Must Refund Rent Overcharge to Subtenant with Triple Damages

March 18, 2019    

Subtenant complained to the DHCR of rent overcharge. The DRA ruled for subtenant and ordered tenant to refund $1,826, including triple damages. Tenant appealed and lost. Tenant claimed that subtenant didn't pay...

Landlord Refunded Substantial Portion of Overcharge

March 18, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge in the amount of $12,039, including interest. The overcharge was based on landlord's collection of rent...