NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Qualifying MCI Work Need Not Be Performed to Entire Building Complex

February 20, 2024    

Landlord of a large apartment complex containing 35 buildings applied to the DHCR for MCI rent hikes at 12 buildings, based on installation of new roofs, facade restoration, and related engineering fees. The DRA...

Landlord Showed Building Was Properly Maintained During MCI Work

February 20, 2024    

Landlord applied to the DHCR for MCI rent hikes based on building-wide rewiring. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord wasn't maintaining the building at the time it...

DHCR Granted Landlord's Request for Reconsideration of Rent Administrator's Order

February 20, 2024    

Landlord applied to the DHCR for MCI rent increases based on elevator upgrading. The DRA ruled against landlord on Dec. 17, 2021. Landlord appealed and won. Before filing a Petition for Administrative Review (PAR),...

MCI Increase Denied Due to Outstanding 1986 Rent Reduction Order

February 20, 2024    

Landlord applied to the DHCR for MCI rent increases based on installation of a new roof. The DRA ruled against landlord because there was an outstanding building-wide rent reduction order in effect. The DHCR had...

Governor Approves Legislative Amendments to Rent Regulatory Law with Proviso

January 26, 2024    

On Dec. 22, 2023, NYS Governor Hochul signed into law State Senate Bill 2980-C, the long-awaited amendments to the the Rental Stabilization Law, ETPA, and rent control laws. As pointed out in in her "Approval...

Landlord Proved Cost of Individual Apartment Improvements

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2019. Tenant had moved into the unit in 2018 under a vacancy lease with a legal regulated rent of $2,059 and a preferential rent of $1,725. Among...

DHCR Won't Consider Rent History Records Submitted by Landlord for First Time on Appeal

January 26, 2024    

The DHCR's Tenant Protection Unit (TPU) conducted an investigation of an apartment to determine its legal regulated rent (LRR). When landlord failed to respond to a 2016 TPU subpoena for rent records, TPU...

Tenant Proved Succession Rights to Mother's Rent-Stabilized Apartment

January 26, 2024    

After a rent-stabilized tenant died in 2019, landlord offered the remaining apartment occupant a new lease that included vacancy and longevity rent increases. The new tenant claimed that he was a successor tenant and...

Landlord Collected Reduced Rent Payment from Tenant Who Got DRIE Benefits

January 26, 2024    

Rent-stabilized tenant complained to the DHCR in 2019 of rent overcharge. Tenant claimed that landlord ignored the fact that tenant had received DRIE benefits, which had frozen the portion of monthly rent collectible...

Triple Damages on $96,000 Overcharge Revoked

January 26, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2017. The DRA ruled for tenant. Because there was a 1989 DHCR service/rent reduction order in place on the 2013 base date, the legal regulated rent...

DHCR Won't Consider Succession Claim of Tenant's Son Raised for the First Time on Appeal

January 25, 2024    

Rent-stabilized tenant Jose Raez filed a lease violation complaint with the DHCR in June 2020, claiming that he hadn't received a fully executed copy of the renewal lease that he received, signed, and returned to...

Landlord Failed to Prove Building Was Substantially Rehabbed

January 25, 2024    

Landlord sought a ruling from the DHCR that its building was exempt from rent stabilization based on a substantial rehabilitation that took place after Jan. 1, 1974. The DRA ruled against landlord, who appealed and...