Rent Regulation and DHCR

Horing Welikson Rosen & Digrugilliers, P.C. represents owners of residential buildings subject to rent stabilization, the Emergency Tenant Protection Act, and rent control in all facets of administrative proceedings.  These matters are typically adjudicated by the New York State Division of Housing and Community Renewal (DHCR), which is the administrative agency responsible for the oversight and management of the State’s rent regulations and protection of rent regulated tenants.

Our attorneys are experienced and well-versed in assisting owners and property managers at every stage of a proceeding before DHCR, whether retained at the inception of a tenant complaint or after a tenant has filed opposition to an owner’s application. In addition, we assist owners in filing for major capital improvement (MCI), rent increases,  rent registrations, and other applications with the Agency.  Our representation does not always end with a final determination issued by the DHCR however, as the attorneys of Horing Welikson Rosen & Digrugilliers, P.C. specialize in challenging administrative determinations before the Supreme Court of the State of New York through the commencement of Article 78 proceedings, as well as appeals therefrom to the Appellate Division and the Court of Appeals.

We also regularly assist property owners in preparing leases and lease riders in compliance with rent regulation requirements, and the interpretation and application of the Rent Stabilization Law and Code, as well as the Fact Sheets and Operational Bulletins issued by DHCR.

Due to the enactment of the Housing Stability and Tenant Protection Act (“HSTPA”) on June 14, 2019, rent regulation and the law which governs it underwent drastic changes that have substantially impacted all owners of regulated properties.  As evidenced by our firm’s success before the Court of Appeals on April 2, 2020 in the landmark case of Matter of Regina Metropolitan Co., LLC v. New York State Division of Housing and Community Renewal, we are eager to advocate on your behalf with respect to the impact of the HSTPA on your business.

Types of proceedings commenced by tenants before DHCR that we handle:

• Rent Overcharge Complaints
• Applications for Rent Reductions based upon Decreased Service(s) – Individual Apartment
• Applications for Rent Reductions based upon Decreased Service(s) – Building-wide
• Lease Violation Complaints
• Harassment Complaints
• Challenge to Maximum Base Rent Order
• Petitions for Administrative Review (PAR)

Types of proceedings filed by owners before DHCR that we handle:

• Major Capital Improvements (MCI) Applications
• Individual Apartment Improvement (IAI) rent increases
• Substantial Rehabilitation Applications
• Demolition applications and proceedings
• Annual Rent Registrations
• Petitions for Administrative Review (PAR)

Due Diligence

The administrative law department also conducts and coordinates all aspects of rent regulatory due diligence of building portfolios for potential property purchasers.

The department regularly reviews building records for owners in anticipation of the sale of a property, as well as for those owners interested in obtaining financing or refinancing their properties.

Tax Benefit Programs

Our attorneys have also assisted clients in obtaining substantial tax benefits from residential tax programs including the J-51, 421-a and 421-g programs throughout New York State.

Contact us for a consultation about your DHCR or rent regulation issue today.