Q & A

Escalating Preferential Rent During Lease Term

December 27, 2011    

Q I have a preferential rent lease rider with a rent-stabilized tenant. Are owners allowed to have an escalation clause in a rent-stabilized lease provided the increased escalated rent is below the legal rent? Will the DHCR allow this sort of...

Ramifications of New York State's Marriage Equality Act

December 27, 2011    

Q What are the implications for owners of regulated apartments with regard to the legalization of same-sex marriage in New York?

Calculating Rent of Former Super's Apartment

November 21, 2011    

Q My building's superintendent is leaving, and I'd like to rent out his apartment. How do I calculate the rent for an apartment that was temporarily exempt for two years and was rent stabilized on the base date?

Getting Relief After Unwittingly Buying Building That's Rent Stabilized

November 21, 2011    

Q My management company took over the management of a five-unit apartment building. Two prior owners ago, the former owner converted the building from a six-unit building to a five-unit one. And the current owner bought the building believing that it...

Effects of Warranty of Habitability on Mortgage Foreclosures

February 22, 2011    

Q Since the financial crisis in 2008, it seems as though more and more owners are becoming unable to pay for repairs to their over-mortgaged buildings. These owners may be unable to borrow additional money to finance repairs because they have negative...

Including Cost of Removing Old Boiler in MCI Application

June 20, 2010    

I'm filing a major capital improvement (MCI) application with the Division of Housing and Community Renewal (DHCR) to get a rent increase for a boiler replacement and hot water heater installation I just completed. The boiler...

Notifying Tenant of Lease Violation

April 20, 2010    

Q I have a rent-stabilized tenant who installed a washing machine years ago. I just became aware of it when I was in her apartment for another reason. The tenant's original lease specifies that washing machines are not allowed. Can I officially ask...

Setting Security Deposit Amounts for Deregulated Apartments

April 20, 2010    

I have a recently deregulated apartment. Is there any DHCR policy or other sort of agency determination guiding how much additional security deposit an owner can charge a tenant for a deregulated apartment?

Ask the DHCR: DirecTV; Expansion of Outer Walls

January 28, 2010    

> Permit Installation of DirecTV

If a tenant asks you for permission to install DirecTV, you may not deny the tenant the right to have the system installed, provided that all of the parties comply with the statutory requirements.

Evicting Tenants for Renting Out Rooms as a B&B

January 28, 2010    

Q I have a rent-stabilized building, and some of my tenants are are renting out their bedrooms to tourists. In effect, they are running a bed-and-breakfast business. What actions can I take to make them stop? Can I evict them?

Performing Background Checks and Adding Nonspouse to Lease

December 28, 2009    

Q Is an owner violating the Rent Stabilization Code by doing a background check before adding someone to the lease agreement and/or before issuing keys? Also, is the owner allowed to charge a vacancy increase by adding someone to the lease other than...

Informing Tenant Unsanitary Apartment Condition Is “Nuisance”

December 28, 2009    

Q A tenant on the ground floor of my building keeps complaining about mice. I have had an exterminator visit every month, and he will continue to visit. However, she is the only tenant who complains of rodents, and the exterminator has told me, and her...