NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

DHCR Applied Default Formula to Calculate Overcharge

September 22, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and, using the default formula to set the base-date rent, found a total overcharge of $13,065, including interest and triple damages....

Landlord Didn't Waive Right to Washing Machine Surcharge from Rent-Stabilized Tenant

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, and directed landlord to refund a total overcharge with interest and triple damages totalling $4,714. But the DRA...

Prior Pre-Base Date Overcharge Ruling Applied in Response to New Tenant's Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $261,960, including interest and triple damages. Landlord appealed and lost. Landlord claimed...

Landlord Who Made Full Overcharge Refund to Tenant Avoided $100K Triple Damages

September 22, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and found that there was a total overcharge of $197,245, including triple damages. The DRA noted that landlord had already...

Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized

September 22, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment in 1993 and was given a rent-stabilized lease by the landlord. But the building...

Tenant's Granddaughter Can't Get Rent-Stabilized Apartment

September 22, 2023    

Apartment occupant, who claimed to be tenant's granddaughter, filed a lease violation complaint with the DHCR, claiming that landlord refused to recognize her succession rights to the rent-stabilized apartment....

DHCR Had No Authority to Rule on Tenant's Lease Renewal Complaint

September 22, 2023    

Rent-stabilized tenant complained to the DHCR that landlord failed to offer him a renewal lease on the same terms and conditions as his expiring lease. Tenant specified that the temporary lease rider for a...

Landlord Can't Seek Rent Regulation Exemption Ruling Before DHCR After Court Ruling

September 22, 2023    

Tenant applied to the DHCR in 2015 for a ruling on her rent regulatory status. She had moved into Apt. 3F in  2013 at a monthly rent of $3,950, and landlord claimed that she was unregulated. The DRA ruled for...

Landlord Can't Modify Building Services to Rent-Stabilized Tenants by Transferring Cost of Heat

September 22, 2023    

Landlord of a Hempstead building applied to the DHCR in 2022 for approval of a proposed building services modification based on removal of an oil boiler that provided steam heat as well as removal of tenant supplied...

DHCR Reclassifies Former Hotel-Stabilized Building as Rent-Stabilized Apartment Building

September 22, 2023    

In 2018, the DHCR's Rent Administrator issued an order reclassifying landlord's building from a hotel to an apartment building based on loss of certain hotel services. The DRA also issued a rent reduction due...

Landlord Can Add Key Fob System and Restrict Service Entrance Door Access

September 22, 2023    

Landlord asked the DHCR in 2022 for permission to modify the building's entry system by adding an electronic key fob system to supplement rather than replace metal key access, and by partially closing the use of...

Tenant Was Rent Controlled, Not Rent Stabilized, Under PHFL Mortgage

September 22, 2023    

In November 2016, tenant filed an application with the DHCR seeking an administrative ruling to determine his apartment's regulatory status. Earlier that year, landlord had sued to evict tenant in housing court,...