NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Landlord Deregulated Apartment Under Prior Rule Permitting Deregulation After Owner Occupancy

November 25, 2018    

(Decision submitted by Karen Schwartz-Sidrane, Esq. of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant complained of rent overcharge and...

Leases Showed Both Legal Regulated Rents and Preferential Rents

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord misrepresented a preferential rent that tenant...

Landlord Collected Two Vacancy Increases in Same Calendar Year

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that it had made individual apartment improvements (IAIs) to the apartment before tenant moved in and paid a contractor $10,000 to replace all...

Tenant Waited 15 Years to Complain of Rent Overcharge

November 25, 2018    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that she moved into the apartment on June 1, 2001, and that...

Effective Date of MBR Increase Delayed Due to Late Filing of Violation Certification

November 25, 2018    

Landlord filed a violation certification with the DHCR on July 17, 2017, seeking establishment of the building's 2018-2019 maximum base rents (MBRs) for rent-controlled tenants. Landlord submitted an HPD list...

No Overcharge Found Where Legal Rent Set by Prior Settlement Agreement

November 25, 2018    

(Decision submitted by Karen Schwartz-Sidrane, Esq. of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Tenant in Substantially Rehabbed Building Transferred at Landlord's Request

November 25, 2018    

Landlord asked the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation. The DRA ruled for landlord, finding that the building was formerly a commercial building...

Rent Administrator Disallows Some IAI Costs Allowed by TPU

November 25, 2018    

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment in October 2012 and directed landlord to submit proof justifying the cost of IAIs that...

Rent-Controlled Tenant in Co-op That Received J-51 Benefits Not Subject to Deregulation

November 25, 2018    

In 2011, landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment. Tenant's monthly rent was $2,000 or more, and landlord sought verification that tenant's annual...

DHCR Won't Decide Succession Claim Where Eviction Case Already Pending

November 19, 2018    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the owner.)

Rent-Stabilized Tenants Object to $35 Monthly Cable TV Surcharge

November 19, 2018    

Tenants complained to the DHCR of harassment, claiming that landlord unilaterally added a $35 cable TV charge to tenants' monthly rents of the building's rent-stabilized tenants. Landlord settled that case...

Apartment Became Exempt from Stabilization After J-51 Benefits Expired

November 19, 2018    

In response to tenant's rent overcharge complaint, landlord asked the DHCR to rule on the apartment's regulatory status. Landlord claimed that the apartment had been deregulated due to high-rent vacancy. The...