DHCR Petition for Administrative Review (PAR) Decisions
In 1994, under pressure from tenant advocates, DHCR released approximately 6,000 PAR decisions. After Governor Pataki took office in 1995, DHCR refused to release other decisions in bulk. These decisions generally cover the 1990-1994 period and in many cases do not reflect current law or DHCR practice. The reader is cautioned to be aware of changes to the Rent Stabilization Law, the Rent Stabilization Code and DHCR practice since 1994. Also this database does not include all decisions prior to 1994 as DHCR intentionally withheld many decisions for unknown reasons.

Accessing the decisions

Search DHCR decisions by keyword

 

Note: Search must contain at least four characters.

    Contains all words
    Contains the exact phrase
    Contains at least one word
   or ... Browse decisions by docket number
   or ... Download compressed zip files of all decisions


DHCR Decisions



                             STATE OF NEW YORK
                     DIVISION OF HOUSING AND COMMUNITY RENEWAL
                           OFFICE OF RENT ADMINISTRATION
                                    GERTZ PLAZA
                              92-31 UNION HALL STREET
                              JAMAICA, NEW YORK 11433

     ------------------------------------X 
     IN THE MATTER OF THE ADMINISTRATIVE :  ADMINISTRATIVE REVIEW
     APPEAL OF                              DOCKET NOS. EB 210396-RT
                                         :              EC 210055-RT
       VARIOUS TENANTS OF 500 ST. JOHN'S                EC 210056-RT
       PLACE, BROOKLYN, NEW YORK                        EC 210057-RT
                           PETITIONER    :              EC 210058-RT
     ------------------------------------X              EC 210059-RT
                                                        EC 210061-RT             
                    
                                            RENT ADMINISTRATOR'S
                                            DOCKET NO. ZDA 230122-OM

          ORDER AND OPINION REMANDING PETITIONS FOR ADMINISTRATIVE REVIEW

     On February 22 and March 6, 1990 the above named petitioner-tenants timely 
     filed Petitions for Administrative Review against an order issued on 
     February 1, 1990, by the Administrator, 92-31 Union Hall Street, Jamaica, 
     New York, concerning housing accommodations known as various apartments of 
     500 St. John's Place, Brooklyn, New York, wherein the District Rent 
     Administrator determined that the owner was entitled to a rent increase 
     based on a major capital improvement consisting of the rewiring of the 
     subject premises.

     In these petitions, the tenants contend, in substance, that the Rent 
     Administrator's order is incorrect and should be reversed because:

          1)  the electrical work was not done to upgrade the wiring, but
              rather to permit individual metering in the building which
              should not qualify as a major capital improvement;

          2)  the rewiring was done in a poor and unworkmanlike manner as
              the lights dim whenever a major appliances is in use;

          3)  the tenants were not aware that DHCR inspectors would be at
              the building on January 4, 1990 and January 9, 1990 and do 
              not know which apartments were inspected or what the 
              inspectors did to ascertain tht there was no dimming of 
              lights; 

          4)  their rents have been increased twice in the past three
              years for a new burner and new entrance doors;

          5)  their rents were minimally reduced due to the rewiring for 
              individual metering, but their electric bills far exceed the
              rent reduction issued; and

          6)  DHCR has failed to follow its mandate of maintaining
              affordable housing units.









          DOCKET NUMBER: EB 210396-RT,  et al.
     The owner did not submit a response to these petitions.  

     The Commissioner notes that the issues raised on appeal were previously 
     considered by the Commissioner which resulted in an Order and Opinion 
     Remanding Proceeding on appeal issued May 3, 1990 under Administrative 
     Review Docket Nos EC 210062-RT et al.  The Commissioner deems it appropriate 
     to remand the instant petitions for further consideration in connection with 
     a proceeding currently pending before the Rent Administrator under Docket 
     No. EE 210014-RP (DA 230122-OM).

     THEREFORE, in accordance with the provisions of the Rent Stabilization Code 
     at the Rent and Eviction Regulations for New York City, it is

     ORDERED, that these petitions be, and the same hereby are granted to the 
     extent of remanding and consolidating them with Docket No. EE 210014-RP as 
     hereinabove specified.  As indicated in the Commissioner's prior order and 
     opinion the automatic stay of so much of the Rent Administrator's order as 
     directed a retroactive rent increase is hereby continued until a new order 
     is issued upon the remand.  However, the Administrator's determination as 
     to the prospective rent increase is not stayed and shall remain in effect 
     until the Administrator issues a new order upon remand.

     ISSUED:









                                                                   
                                          JOSEPH A. D'AGOSTA
                                      Acting Deputy Commissioner




                                                   
    
   

The New York State Division of Housing and Community Renewal (DHCR) is the state agency that administers the Rent Stabilization and Rent Control systems. DHCR has jurisdiction over many aspects of the landlord-tenant relationship, including the legal rent, the providing of various services and complaints of landlord harassment. In addition, landlords are able to apply to DHCR for increases in rent based on Major Capital Improvements or for other reasons.

Tenants and Landlords may initiate proceedings by filing complaints or applications with DHCR. After the agency collects evidence from both the tenant and landlord, it renders a decision by the District Rent Administrator (DRA) -- sometimes referred to as the District Rent Office (DRO).

Either party may then appeal the decision at the agency level by filing a Petition for Administrative Review (PAR) within 35 days. A PAR decision -- or sometimes called a Commissioner's Decision -- represents the final decision of the agency before parties may appeal in the state courts.

TenantNet Home | TenantNet Forum | New York Tenant Information | Contact Us
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws |

Subscribe to our Mailing List!
Your Email:   
Your Name: