PROCEDURE

DHCR Didn't Properly Investigate Tenant's Complaint

May 16, 2013    

Rent-stabilized tenant complained of a reduction in services. The DRA ruled against tenant based on DHCR inspection. Tenant appealed, and the case was reopened. Tenant had complained of leaks to his bathroom ceiling...

Effective Date of MCI Increase Delayed Four Years

May 16, 2013    

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

Landlord Properly Delivered Fully Executed Renewal Lease

May 14, 2013    

Rent-stabilized tenant complained that landlord didn't return an original fully executed copy of the renewal lease that tenant signed and returned to landlord. The DRA ruled against tenant, finding that landlord...

Tenants Who Waive Triple Damages Request Can Bring Class Action

May 13, 2013    

Thirteen tenants sued landlord, claiming unlawful deregulation of their apartments and rent overcharge while landlord received "J-51" tax benefits. Tenants sought a declaration that all apartments in the...

Tenants Can Bring Class Action for Overcharge and Improper Deregulation

May 13, 2013    

Tenant sued landlord for rent overcharge, claiming that landlord unlawfully deregulated apartments while receiving "J-51" tax benefits. Tenant asked the court to grant certification for a class action. The...

Tenant Can Bring Class Action for Overcharge

May 13, 2013    

Tenant sued landlord for rent overcharge and sought certification from the court for a class action. Landlord claimed that tenant sought to waive certain overcharge penalties and therefore couldn't adequately...

Landlord Must Add Spouse's Name to Tenant's Renewal Lease

April 15, 2013    

Rent-stabilized tenant complained that landlord refused to grant her request to add her husband's name to her renewal lease. The DRA ruled for tenant, finding that tenant had the right to have her spouse's...

Tenant Can Vacate Settlement Agreement Due to Potential Rent Overcharge

March 14, 2013    

Landlord sued to evict a deregulated tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant, whose monthly rent was $4,150, agreed to pay $24,900 in back rent owed over a...

Landlord Replaced Boiler Without DHCR Permission

January 14, 2013    

Rent-stabilized tenant complained of a reduction in services after new landlord replaced the boiler with individual units and Con Ed started billing tenant for gas used in connection with heat and hot water. Tenant...

Landlord Withdrew Renewal Lease Offer Sent in Error

January 13, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had sent tenant a renewal lease offer during the window period, before sending the...

Court Can Determine Legal Regulated Rents

January 11, 2013    

Landlord asked the DHCR to determine the legal regulated rents for five tenants' apartments. The DHCR declined because tenants already had raised that issue in a civil court case against landlord. Landlord filed...

Landlord Can't Exit J-51 Tax Benefit Program Retroactively

November 16, 2012    

Landlord sought to retroactively exit New York's J-51 tax benefit program by paying back all the tax benefits it received through the program. Landlord argued that both the city and landlord had misunderstood the...