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Building Issues: DHCR

This page is a log of the documentation for complaints and processes involving the Division of Housing and Community Renewal (DHCR), which is the NY State agency that administers rent regulations.

Tenants' Complaint of Reduced Services: Docket #VC-410018-B
In March 2007, most of the remaining pre-Shalom rent-stabilized tenants filed a building-wide complaint about elimination of our courtyard.
STATUS: Closed. DHCR decided in tenants' favor and ordered a rent reduction for all tenants party to the complaint.
March 2007 Original Complaint (Exhibit 1.1) PDF (3.6 MB)
July 2007 LL's Response #1 PDF (192 KB)
August 2007 Tenants' Reply #1 (Exhibit 1.2) PDF (640 KB)
September 2007 Tenants' Addenda #1 (Exhibit 1.3) PDF (224 KB)
September 2007 LL's Response #2 PDF (224 KB)
October 2007 Tenants' Reply #2 (Exhibit 1.4) PDF (564 KB)
October 2007 Result: DHCR's Order Reducing Rent PDF (112 KB)

LL's PAR Objecting to Order Reducing Rent: Docket #VK-410033-RO
After DHCR decided in the tenants' favor and reduced our rent in Docket #VC-410018-B (above), the landlord filed a Petition for Administrative Review (PAR), essentially claiming DHCR made a mistake in its decision.
STATUS: Closed. DHCR denied the landlord's PAR.
November 1, 2007 LL's Petition for Administrative Review PDF (2.6 MB)
December. 4, 2007 Tenants' Response #1
>>Individual Tenant Responses
>>New Exhibits
>>See also exhibits for Docket #VC-410018-B, above
PDF (184 KB)
PDF (124 KB)
PDF (17.1 MB!)
April 30, 2008 Result: DHCR's Order Denying PAR PDF (52 KB)

LL's Article 78 Proceeding: MED LLC v. DHCR (Index # 108059/2008)
After DHCR denied the landlord's Petition for Administrative Review, the landlord filed an Article 78 proceeding in Supreme Court. In an Article 78 proceeding, the petitioner is basically claiming DHCR's decision was not supported by substantial evidence, or that the decision was "arbitrary and capricious." DHCR's decision is based on the fact that we had a courtyard and now we don't, as verified by physical inspection. The landlord is claiming (again) that the courtyard never was a service.
STATUS: Closed. The Court denied the landlord's petition.
June 11, 2008 Landlord's Article 78 Petition PDF (1.8 MB)
June 17, 2008 Notice to Tenants of Commencement of Proceeding for Judicial Review PDF (48 KB)
December 22, 2008 Decision and Judgment PDF (588 KB)

LL's Application to Modify Services: Docket #VK-410001-OD
Meanwhile, at the same time the landlord filed their PAR, they also filed an Application to Modify Services, which asks DHCR to approve the elimination of a required service (the courtyard).
Status: Closed. DHCR granted the landlord's application to modify services and ordered a 10% rent reduction for all RS tenants in the building. (As of 5/29/09, the rent reduction was modified to a flat reduction of $97.20/month for all regulated tenants in DHCR's decision on dockets #WJ-410018-RO and #WJ-410047-RT.)
November 2, 2007 LL's Application to Modify Services PDF (1.2 MB)
December. 4, 2007 Tenants' Response #1
>>Individual Tenant Responses
>>Exhibits
>>See also exhibits for Docket #VC-410018-B, above
>>See also exhibits for Docket #VK-410033-RO, above
PDF (184 KB)
PDF (104 KB)
PDF (26 MB!)
February 5, 2008

Notice from DHCR requesting additional information

PDF (160 KB)
February 17, 2008 Tenants' Response #2 PDF (472 KB)
September 24, 2008 Result: DHCR's order approving modification of services and ordering a 10% rent reduction PDF (92 KB)

Landlord's PAR Objecting to 10% Rent Reduction: Docket #WJ-410018-RO
Upon receiving DHCR's order approving modification of services (elimination of the courtyard) in Docket #VK-410001-OD, the landlord filed a PAR objecting to the 10% rent reduction.
Status: Closed. DHCR granted the landlord's petition in part, deciding "a permanent rent reduction in one specific dollar amount for all regulated tenants is a more equitable way to compensate the tenants for this service decrease." All regulated rents are reduced by $97.20/month.
October 24, 2008 Landlord's Petition for Administrative Review

PDF (1.1 MB)

November 8, 2008 Tenants' Response #1 PDF (4.9 MB)
December 5, 2008 Landlord's Response #1 PDF (760 KB)
December 18, 2008 Tenants' Response #2 PDF (996 KB)
May 29, 2009

Result: DHCR's decision affirming the administrator' order in Docket #VK-410001-OD, granting landlord's PAR in part, modifying the rent reduction from 10% to $97.20/mo per apartment, and denying the tenants' PAR.

PDF (456 KB)

Tenants' PAR Objecting to Modification of Services: Docket #WJ-410047-RT
Upon receiving DHCR's order approving modification of services (elimination of the courtyard), tenants filed a PAR objecting to the decision. Tenants believe DHCR did not consider any of the evidence submitted by the tenants and relied, instead, upon false information provided by the landlord.
Status: Closed. DHCR denied the tenants' petition because tenants failed to make their case.
October 24, 2008 Tenants' Petition for Administrative Review

PDF (3 MB)

December 5, 2008 Landlord's Response #1 PDF (808 KB)
December 18, 2008 Tenants' Response #1 PDF (1004 KB)
May 29, 2009

Result: DHCR's decision affirming the administrator' order in Docket #VK-410001-OD, granting landlord's PAR in part, modifying the rent reduction from 10% to $97.20/mo per apartment, and denying the tenants' PAR.

PDF (456 KB)

LL's Application to Restore Rent: Docket #WI-410103-OR
Upon receiving DHCR's order approving modificaiton of services (elimination of the courtyard), the landlord filed an Application to Restore Rent.
Status: pending.
November 4, 2008 LL's Application to Restore Rent

PDF ( 2.3 MB)

November 8, 2008 Tenants' Response #1

PDF ( 6.4 MB)


Tenants' Complaint of Reduced Services: Docket #WK-410016-B
After DHCR granted the landlord permission to eliminate the courtyard in exchange for a 10% rent reduction, after tenants filed their PAR objecting to the modification of services decision, after tenants responded to the landlord's PAR objecting to the 10% rent reduction, and after tenants responded to the landlord's Application to Restore Rent, tenants filed a new complaint. In this complaint, tenants ask DHCR to consider on their own merits the service reductions that resulted from the elimination of the courtyard. These services include light, ventilation, and heat in the lobbies, hallways, and stairs; reduction of lobby space; and trash disposal.
Status: pending.
November 22, 2008 Tenants' Original Complaint
>>Supporting Exhibits

PDF (2.1 MB)
PDF (13.3 MB!)

November 28, 2008 DHCR Request that Tenants File a Separate Heat & Hot Water Complaint

PDF (178 KB)

December 1, 2008 DHCR Docket Confirmation

PDF (84 KB)

December 18, 2008 Tenants' Response Regarding Lobby Heat

PDF (920 KB)


Tenant's Complaint of Reduced Services - Mul-T-Lock Keys: Docket #WK-410017-B
In 2004, the landlord installed new street entrance door locks requiring Mul-T-Lock keys that can be duplicated only by the landlord. This complaint, filed by one tenant, contends this unauthorized change of service is a reduction of required services because the landlord did not provide the same number of keys originally provided and because the landlord's new method of providing keys causes unreasonable delays and requires unreasonable travel on the part of tenants.
Status: withdrawn by the tenant. Landlord provided a third key free of charge.
November 22, 2008 Tenant's Original Complaint

PDF ( 3.5 MB)

December 1, 2008 DHCR Docket Confirmation

PDF ( 84 KB)


Tenant's Complaint of Rent Overcharge - Mul-T-Lock Keys: Docket #WK-410118-R
Filed simultaneously with Docket #WK-410017-B, this complaint contends that the landlord's charge of $25 for a second Mul-T-Lock key is a rent overcharge.
Status: withdrawn by the tenant. Landlord refunded the $25 overcharge (via a rent credit).
November 22, 2008 Tenant's Original Complaint

PDF (3.2 MB)

December 1, 2008 DHCR Docket Confirmation

PDF ( 88 KB)


Check the status of the DHCR cases
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