Expert Advice When You Need It Most

An Introduction to Division of Housing and Community Renewal in NYC (DHCR)

Written by: Ronald Anthony Sarno

Reputation Level 20

Posted over 2 years ago. Applies to New York, NY, 3 helpful votes, 0 comments

Save

Share with:

Rental rates: market, rent stabilization, and rent control.

NYC has three tiers of rent: market rates, which are dictated by the market and are normally not subject to any control by city or state agencies. Rent control reverts back to rates which began with a 1947 tenancy, and are permitted to those who leased them or who have immediate family with continuity of tenancy. Rent stabilization is the next tier up and depends on location. When tenants vacate these apartment many of them ascend up to market rates, meaning the building will have mixed rates. The NYC DHCR controls rent control and stabilized apartments and mixed use buildings. It has no control over apartment buildings where are all rentals are at 100% market rates.

NYC Rent Guidelines Board

This Board rules on percentage of rent increases for rent-control and stabilization apartments. This board hears comments from tenants and landlords when increases are being considered. The DHCR then enforces the rent increments. Landlords who go over these guidelines or try to force out tenants in controlled and/stablized apartments in order to rent at market value are subject to fines and sanctions, or rent roll backs.

Services and Harassment

DHCR also monitors that appropriate services are being provided to tenants in controlled and stabilized apartments (water, electricity, heat). DHCR insures that fire safety and building security are proper. Or monitors if tenants are not being harassed soley because they live in controlled or stabilized apartments.

Capital and Individual Apartment Improvements

When capital improvements are made to the entire building (new roof, new heating system) or to an individual apartment (such as ceiling repair) the DHCR may permit increments in rent to reflect the value and cost of these improvements.

Evictions

DHCR also monitors evictions of tenants in controlled or stabilized apartments to insure that these evictions are based on non payment of rent and/or violations of reasonable rules and regulations. Often an apartment where the tenant has been evicted reverts to a market rate vacancy.

Rights of Seniors and the Disabled

The DHCR also monitors the housing market for violations of the rights of seniors and the disabled. The definition of a senior in NYC housing is a person who is at least 62 years old. The DHCR provides special protections to these tenants over and above what is provided to others. The DHCR also looks for landlords to provide reasonable accommodations for the disabled (such as wheelchair ramps).

Overcharges and Leases

DHCR also monitors leases for overcharges and the percentage of increases. Usually the Landlord is permitted a certain increase for one year and a different one for two years. Neither Landlords or DHCR want multi-year leases because of the nature of the rent ceiling. Sub leases for such tenants is not usual since the rent protection is specific to the tenant and/or the immediate family. Tenants who falsify information as to tenancy continuation (pretending a non relative is a child) or that a deceased person is still renting the apartment are subject to lease cancellation and criminal charges. Such apartments once vacated can revert to market rates. In such situations, landlords would be wise to hire private investiagtors when they suspect that the DHCR tenant is falsifying information to continue to rent such an apartment,

Affordable Housing

The DHCR also acts as an advocate for affordable housing. In practical terms this means a builder might be granted a permit to build and/or convert a location into residential housing if a certain percentage of the housing units are designated "affordable." In the practical sense, this means that the builder or owner will have mixed apartments, some subject to DHCR and some not.

Using a lawyer

Landlords should realize that dealing with DHCR and Housing Court can be very difficult, and that many of the rules, regulations and court decisions are favorable to tenants. Hiring an experienced real estate lawyer can reduce the landlord's exposure in court and assist in winning rulings and decisions.