MISCELLANEOUS

Mitchell-Lama Garage Operator Gets 80 Percent Parking Rate Increase

January 13, 2014    

A parking garage owner asked the DHCR to approve monthly rent increases for Mitchell-Lama development tenants. The DRA ruled for the garage owner and granted a rate increase. The garage owner then filed an Article 78...

Former Mitchell-Lama Rent Regulation Not U/P Circumstance

January 13, 2014    

(Decision submitted by David Hershey-Webb, Esq., of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenants.)

DHCR Sets Fee for Ancillary Community Room Use

December 17, 2013    

Tenants complained that landlord charged excessive fees for use of the building's community room. The former Mitchell-Lama building had become rent stabilized in 1990. In a prior DHCR proceeding, it was...

HPD Order Setting Rents Didn't Override DHCR Rent Reduction Order

December 16, 2013    

Landlord sued to evict nine tenants for nonpayment in consolidated proceedings. In each case, tenants claimed that the amount of rent sought was incorrect. In 1993, the DRA had issued a rent reduction order based on...

Rent-Stabilized Tenant Overcharged Roommate

December 12, 2013    

Rent-stabilized tenant's roommate complained that tenant had overcharged him. The DRA ruled for the roommate. Tenant appealed and won, in part. Tenant claimed that what she charged roommate included fees for...

Landlord Must Get DHCR Approval Before Collecting Surcharge

November 14, 2013    

Rent-controlled tenant complained that landlord improperly collected a washing machine surcharge from her starting in 2007. The DRA ruled against tenant, who appealed and won in part. Tenant claimed that landlord had...

Landlord Waited Too Long to Collect A/C Surcharge

September 19, 2013    

Rent-stabilized tenant complained of a rent overcharge based on an air conditioner surcharge collected by landlord. The DRA ruled for tenant. Landlord appealed and lost. Tenant showed that she had installed an air...

DHCR Must Consider Rent Overcharge Scheme that Appears Fraudulent

August 8, 2013    

Tenant complained of rent overcharge. The DHCR ruled against tenant, who then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled for tenant. The...

Landlord Seeks Deemed MBR Increase

August 8, 2013    

Landlord asked the DHCR to increase rent-controlled tenant's MBR and MCR because prior landlord failed to file for increases otherwise entitled to for 26 years. The DRA ruled for landlord and increased the MCR...

Access Charge Before Lease Commencement Date Was Rent Overcharge

July 12, 2013    

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, finding a small overcharge. The DRA directed landlord to refund $725 plus interest for a total of $943. Landlord and tenant both...

Landlord Can't Convert Elevator to Sabbath Elevator

June 11, 2013    

Landlord asked the DHCR for permission to modify essential services of rent-controlled tenants in its building. Landlord sought to modernize two existing elevators and to change one of the elevators into a "...

Review of Entire Rent History Shows No Preferential Rent Agreement

April 16, 2013    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenant.)