NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No Overcharge Refund Due Where Tenant Owes More in Back Rent

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge refund was due. Although the DRA noted that there was an overcharge of $640, tenant owed landlord $19,000 in...

Landlord Entitled to Set New Rent After Base-Date Vacancy Occurring Before 2014

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including interest. Landlord appealed and won. The apartment had been vacant on the base date...

Tenant's Apartment Was Properly Deregulated

May 23, 2019    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, who appealed and lost. The base date rent charged to prior rent-stabilized tenant was $1,124....

Landlord Must Refund $147,000 Rent Overcharge

May 23, 2019    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. The DRA ruled for tenant and directed landlord to refund $147,510, including interest and triple damages. Landlord...

Landlord Properly Set First Deregulated Rent After Commercial Use

May 22, 2019    

Unregulated tenant complained to the DHCR of improper deregulation and rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment in January 2018 at an initial rent of $3,...

Rent Overcharge Resulted from 1993 Rent Reduction Order

May 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, based on a 1993 rent reduction order that had remained in place. The DRA ordered landlord to refund $30,825, including interest....

No Proof of Heat or Hot Water Violation in Tenant's Apartment

May 22, 2019    

Rent-stabilized tenant complained to the DHCR that her apartment had inadequate heat and/or hot water. The DRA ruled against tenant after finding that there was no active HPD violation of inadequate heat service at...

Tenant's Possible Negligence Doesn't Preclude Rent Reduction Based on Fire

May 22, 2019    

Rent-stabilized tenant complained to the DHCR of a reduction in services. Tenant's apartment had become uninhabitable after a fire. The DRA ruled for tenant and reduced his rent to $1 per month while the...

Renewal Lease Offered with Increased Preferential Rent Was Proper

May 22, 2019    

Rent-stabilized tenant complained that landlord offered him an improper renewal lease. The DRA ruled against tenant, who appealed and lost. Tenant claimed that the offered renewal was unlawful because it increased...

Rent-Controlled Tenant in Co-op that Got J-51 Benefits Exempt from Luxury Deregulation

May 22, 2019    

Landlord applied in 2011 and 2015 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled for landlord in both cases. In separate proceedings, landlord appealed and lost. The...

Rent-Controlled Unit in Co-op Not Subject to Luxury Decontrol After J-51 Benefits Expire

May 22, 2019    

Landlord applied in 2014, 2015, and 2016 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled against landlord in each separate case.

Landlord LLC Can't Evict Rent-Stabilized Tenant for Owner Occupancy

May 21, 2019    

Rent-stabilized tenant complained that landlord hadn't renewed his lease since 2000. Landlord claimed that tenant was the building super with a low monthly rent. Landlord had asked tenant to move out because...