Administrative Proceedings

Our advisory services provide in-depth expertise on the laws and regulations governing rent-controlled and rent-stabilized properties in New York State. We offer guidance on a range of key areas, including Substantial Rehabilitation Exemption, High Rent Vacancy Exemption, Overcharge Complaints, Decrease of Service Complaints and Restorations, and other. Our team of professionals stays up-to-date on the latest changes to ensure you have the knowledge needed to navigate the complexities of rent control and stabilization in New York State.

Substantial Rehabilitation Exemption Application

Substantial Rehabilitation is currently the final pathway for an Owner to deregulate a building in New York. The main requirements for deregulating a property are:

1. The building must be in substandard condition prior to the rehabilitation work.

2. At least 75% of the building's systems and apartment components must be replaced.

3. All common area surfaces (floors, walls, ceilings) must be replaced or restored to new condition.

Meeting these and other standards allows an Owner to deregulate the building and remove rent stabilization protections once the work is complete. This requires an application filing with DHCR which is a complex and lengthy process that our office can handle all aspects, from the initial eligibility verification, documentation preparation, filing the necessary paperwork to requests for additional information and evidence.

Overcharge Complaints

Tenants may file Overcharge Complaints with the DHCR. In order to properly defend against such a complaint, it's critical that the landlord can demonstrate the legal rent increases taken over the past years.

Our office is experienced in filing comprehensive responses to overcharge complaints on behalf of owners. We can gather the necessary documentation, calculate the legal regulated rent, and submit a detailed rebuttal to protect your interests.

Tenant Harassment Complaints

While tenants now have the option to raise harassment claims in Civil Housing Court, they are still more likely to file such complaints directly with the DHCR. When a tenant files a harassment complaint with the DHCR, the landlord is given an opportunity to respond in an answer form. Our office is well-versed in preparing and filing responses on behalf of landlords to defend against these types of harassment complaints.

Decrease of Services Complaints

Tenants may file complaints with DHCR claiming that building services have been reduced. The DHCR will always conduct an inspection of the apartment before making a decision on the complaint.

While you will have an opportunity to submit a formal response, the findings from the DHCR inspection will be the primary determining factor. Our office can assist you in preparing and filing an effective response on your behalf .

The key is to act quickly once you receive notice of the complaint. Arranging the inspection and documenting your efforts to resolve the issue are critical steps in this process.

Decrease of Services  Restoration

If an Owner receives a Rent Reduction Order from DHCR, the Owner has an option to restore the rent through the Rent Restoration Application filing. The Owner must first restore the services and document the restoration for the application filing.

Our office can assist you in filing the Rent Restoration Application on your behalf. We have the expertise to ensure the application is completed properly and all necessary documentation is included.

Failure to renew a lease complaint

Tenants may file a complaint with the DHCR if they believe their lease was not renewed. If a tenant files such a complaint, a response is required from the owner to avoid further complications.

Our office can assist you in preparing and filing the necessary response to the DHCR on your behalf. This will help ensure the complaint is addressed properly and in a timely manner, protecting your interests as the property owner.

Vacancy Decontrol Application

In certain cases, landlords who have vacant rent controlled units may be eligible to apply for a vacancy decontrol application with DHCR. This would allow you to remove the unit from rent control.

Our office can help evaluate whether your vacant unit qualifies for this decontrol application, and we can also handle the filing of the application with DHCR on your behalf.

Service Change Application

If an owner wishes to change the base date of a building service, the appropriate mechanism is to file a Modification of Services Application with the DHCR.

The application requires a specific explanation of the current services and the precise changes the owner is seeking to make. It's important to note that no changes should be implemented until the DHCR has ruled on the application.

Our office would be happy to assist you in preparing and filing the Modification of Services Application on behalf of the owner. We can ensure that the application includes all the necessary details and documentation required by the DHCR.

Major Capital Improvement (MCI) Application

If you have made improvements or installations to a building subject to rent-stabilization or rent-control laws, you may be eligible to apply for a rent increase through DHCR.

Our office can evaluate the eligibility of your units and file the necessary application with the DHCR on your behalf. We have extensive experience navigating the DHCR process and securing approved rent increases..

The application process involves demonstrating the nature and cost of the improvements made. Our team can guide you through the required documentation and ensure your application meets all the DHCR's criteria for approval.

Demolition Application

The demolition application allows landlords to take a rental unit out of rent regulation. The application is generally available to rent stabilized buildings, regardless of the current condition.

Our office has extensive experience evaluating unit eligibility and filing the necessary paperwork on behalf of owners. We can help you assess whether your property qualifies and guide you through the application process from start to finish.

Rent Registrations Amendments

All rent-stabilized apartments in New York State must be registered annually with DHCR. In the event an error or omission was made in your previous rent registration filing, you have the option to file an amendment through an administrative proceeding with DHCR. This allows you to correct the record and ensure your apartments are properly registered.

Our office is well-versed in the DHCR rent registration process and can handle the amendment filing on your behalf.

Contact us any time