NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Increase in Registered Stabilized Rent Didn't Support Colorable Claim of Fraud

September 26, 2022    

Tenant complained to the DHCR of rent overcharge, claiming that landlord engaged in a fraudulent illusory tenancy scheme. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant...

Rent Overcharge Resulting from SCRIE Error Not Willful

September 26, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,528, including interest. Landlord appealed and lost. Landlord argued that the case should have been...

DHCR Can't Rule on Utility or Damage Issues in Case of Tenant Overcharging Subtenant

September 26, 2022    

A subtenant complained to the DHCR that he was overcharged by a rent-stabilized tenant. The DRA ruled for the subtenant and ordered tenant to refund $8,035. Tenant appealed and lost. Tenant asked the DHCR to modify...

Successor Rent-Controlled Tenant Must Pay Hardship Rent Increase

September 26, 2022    

Rent-controlled successor tenant complained of rent overcharge. The monthly rent had been $39.10 per month. Tenant claimed that, after her father, the prior tenant, died, landlord raised the monthly rent to $443.23....

DHCR Miscalculated Rent Overcharge by Overlooking Rent Restoration Order

September 26, 2022    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,865, including triple damages, and minus a partial refund. Landlord appealed and won, in part. The DRA...

Legal Rent Set by HPD in 2001 Took Precedence Over Prior Rent Frozen by DHCR

September 26, 2022    

Tenants complained to the DHCR of rent overcharge in 2018. The DRA ruled against tenants. Although there were open rent reduction orders going back to 1999 that froze the apartment's rent, an HPD order dated...

DHCR Determines That Apartment Not Subject to Rent Stabilization

September 26, 2022    

Landlord asked the DHCR for a ruling on whether tenant's apartment was rent stabilized. The DRA ruled that the apartment wasn't subject to rent regulation. Tenant appealed, and the DHCR reversed the ruling...

Tenant Claims Landlord Didn't Provide Backup Battery for Key Fob System

September 26, 2022    

Landlord asked the DHCR for permission to modify required services at a rent-stabilized building by replacing the metal key system for the building's entry door with an electronic key fob system. The DRA granted...

Landlord Can Replace Night Lobby Attendant with Overnight Video System

September 26, 2022    

Landlord asked the DHCR for permission to modify a rent-stabilized building's 24-hour lobby attendant services. Landlord sought to replace an in-person attendant with electronic door and lobby monitoring system...

Landlord Didn't Prove Apartment Was Properly Vacancy-Deregulated

September 26, 2022    

Tenant asked the DHCR in 2018 for an administrative determination (AD) that his apartment was subject to rent stabilization. In response, landlord claimed that the unit had been vacancy-deregulated. 

The...

Landlord Didn't Disclose That Contractor Was Its Employee

September 26, 2022    

Landlord applied for MCI rent hikes based on installation of front, vestibule, and courtyard doors at its building. The DRA ruled for landlord. Tenants appealed and won.

Pointing and Waterproofing Work Was Distinct from Prior Pointing Work

September 26, 2022    

Landlord applied for MCI rent hikes. The DRA ruled for landlord based on installation of a new roof, scaffolding, pointing, waterproofing, and lintels. Tenants appealed and lost. Tenants claimed that the MCI costs...