NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

No Delay Warranted of Timely Renewal Lease Commencement Date

September 24, 2019    

Rent-stabilized tenant complained that landlord didn't send him a fully executed copy of a renewal lease offer that tenant had signed. Landlord claimed that he hadn't received a signed copy back from tenant...

Deregulation Application Dismissed Due to DTF's Inability to Make Tax Match

September 24, 2019    

Landlord applied in 2017 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord because the Department of Taxation and Finance (DTF) was unable to match a tax...

Repeal of Deregulation Provisions Was Grounds for Denial of Landlord's PAR

September 24, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2010. The DRA ruled against landlord, finding that the annual household income for tenant and her adult daughter...

Landlord Can Replace Metal Keys with Key Fob System

September 24, 2019    

(Decision submitted by Mary D. Milone of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Rent Overcharge Wasn't Hyper Technical and Resulted in Triple Damages

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,309, including triple damages and interest. Landlord appealed and lost. Although the legal rent for the...

Overcharge Case Reopened to Consider Effect of Judicial Sale on New Landlord's Liability

August 27, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $14,700, including triple damages. Landlord appealed, and the case was reopened. Landlord argued that it wasn't...

Improper Deregulation While Building Got J-51 Benefits Didn't Warrant Using Default Formula

August 27, 2019    

Unregulated tenants complained of improper deregulation and rent overcharge. New landlord agreed that tenants were rent stabilized and gave them a rent-stabilized lease and a rent refund. The DRA ruled for tenants...

Rent-Stabilized Tenant Was Overcharged for Garage Parking Space

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge in connection with his parking garage space. The DRA ruled for tenant, finding that landlord charged more than a rent guidelines increase to tenant for the parking...

Landlord Can't Increase Preferential Rent During Rent-Stabilized Lease Term

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed a refund, including interest. Landlord appealed and lost. The DRA properly found that the initial $1,659 rent charged per...

Refund Delay Resulted from Landlord's Attempt to Apportion Refund Owed to DSS

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,955, including triple damages and interest and reflecting a prior refund of $18,177. The overcharge...

No Refund Due Based on Overcharge in Light of Back Rent Owed

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. No refund was required because tenant owed rent arrears, but landlord was directed to credit tenant's account by $3,878. This was...

New Landlord Must Pay Triple Damages for Prior Landlord's Willful Overcharge

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $29,190, including triple damages and reflecting a deduction based on landlord's prior refund to...