Division of Housing and Community Renewal Landlord (DHCR)

About

About Division of Housing and Community Renewal Landlord (DHCR)

The Division of Housing and Community Renewal (DHCR) issued the first amendments to the Rent Stabilization Code in 14 years. The amendments, 27 in all, are a mixed bag of regulatory changes ranging from the mere codification of judicial decisions, to technical fixes affecting few cases, to attempts to make the code more tenant friendly. These amendments combined with the new laws governing implementing rent increases for major capital improvements have created an anti-property owner skewed battlefield that has caused Adam Leitman Bailey, P.C. to be involved in some of the largest and most important DHCR cases in New York City.

Many of these cases have been battles to collect the Major Capital Improvements added to the tenants’ rent bills. Major Capital Improvements are one of the most effective means to raise rents on rent-regulated units and a landlord may only obtain an MCI upon application to the New York State Division of Housing and Community Renewal (DHCR). While the Rent Stabilization Code (RSC) lists the most common of the systems eligible for MCI treatment, any building system can qualify, provided that it is:(a) deemed depreciable under the Internal Revenue Code, other than for ordinary repairs; and (b) is for the operation, preservation and maintenance of the structure; and (c) is an improvement to the building or to the building complex which inures directly or indirectly to the benefit of all tenants, and which includes the same work performed in all similar components of the building or building complex, unless the owner can satisfactorily demonstrate to the DHCR that certain of such similar components did not require improvement. To obtain the 1/84th increase of the actual cost of all major capital improvements, the landlord must be intimately understand the traps and landmines that must be overcome to raise the tenants’ rent.

Another important battlefield for property owners concerns the Tenant Protection Unit. The job of the “Tenant Protection Unit” (TPU) is to launch its own investigations. It has been attacking small and large landlords alike, prosecuting and challenging documents submitted to DHCR, as well as demanding proof and documentation on whether the improvements have been completed prior to collecting any rent increases. Adam Leitman Bailey, P.C. has been advising property owners in litigation with the Tenant Protection Unit and taking steps so the property owner to avoid a claim by the TPU.

In addition, the firm’s DHCR practice encompasses all forms of complaints and cases whether it concerns rent overcharges, a decrease in services provided to tenants, the demolition of a building or taking back rent regulated apartments to be used by the property owner for office space. Adam Leitman Bailey, P.C. also has been successful handling luxury deregulation cases, harassment proceedings, rent restoration applications, modification of services applications, as well as removing apartment from rent regulation by non-profit organizations.

Published Articles

Published Articles

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Press Mentions

Press Mentions

A New Law May Hurt More Than it Helps
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State agency shifts rent regulation rules in tenants’ favor
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Q & A: Rent-Stabilized Corporate Tenants
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Post-Sandy Landlord-Tenant Questions and Answers About Your Apartments
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Q & A: Landmark View Is Disappearing
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Landlords Facing Post – Sandy Responsibilities
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Landlord Protections Make for Stronger Lease Agreements
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Corruption in Mitchell-Lama Co-ops! How Boards Can Fight Back: Part 1
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Q & A: Who Can Pay for a Rent Controlled Apartment?
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What to do if Tenant Installs Appliance Without Your Ok
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Your Home; Tenant Surcharges for Appliances
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Letters of Reference

Letters of Reference

“To Adam Leitman Bailey-who was the best trial lawyer I saw in my nine years a...
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“My experience with Mr. Bailey was that of dealing with a savvy no nonsense pr...
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“A heartfelt ‘Thank You’ to you and your staff for all that you...
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“Since 2008, Adam has taught the principles of landlord-tenant law to many rea...
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“I wanted to thank you for all the time and effort you put into the case ̷...
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“I used Carolyn Rualo for a tenant eviction case … She is very professio...
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“They did what they said they were going to do and kept us informed every step...
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“Thanks for the solid work you have done so far. I know I can be pretty demand...
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“I have had many attorneys and it is very satisfying to know that I am using t...
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“I met Adam Leitman Bailey and it was the best thing that happened to Empire M...
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“I am officially tenant free! It has been one year exactly since I closed so a...
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“Glorify the day my lawyer told me about you.”
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Case Studies

Case Studies

Adam Leitman Bailey, P.C. Wins Jury Trial Over Tenant Falsely Claiming To Use His Ap...
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Adam Leitman Bailey, P.C. Makes New Law, Evicting Long Term Nuisance Tenant
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Adam Leitman Bailey, P.C., Uses “Non-Traditional Family” Succession Laws to Prev...
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Division of Housing and Community Renewal Harassment Allegations Defeated
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Queens Newly Constructed Condominium Receives 900k Including Donation of Apartment t...
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Adam Leitman Bailey, P.C. Recovers Rent Stabilized Apartments
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Tenant’s Retaliation and Rent Overcharge Complaint Backfires in Landlord’s Favor
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Winning an Overcharge Case Against Tenant Leads to Eviction: Using Detective Tactics...
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Ansonia Residents Ass’n v. DHCR to Court of Appeals
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Adam Leitman Bailey, P.C. Wins Jury Trial Evicting Tenant for Failing to Use the Pre...
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Adam Leitman Bailey, P.C.’s Aggressive Investigation Techniques Result in Denial o...
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Published Decisions

Published Decisions

Jian Min Lei – v. – New York City Department of Housing Preservation and...
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Epic Realty LLC v. Daniel Newman
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Landlord Can Claim Tenant Uses Apartment for Commercial Purposes , Team Assocs. v Sw...
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Classic Realty v New York State Division of Housing & Community Renewal Publish...
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Sessler v New York State Div. of Hous. & Community Renewal Published Decision
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Forms

Forms

Blumberg Form 59: Lease for an Apartment Large Building Florida
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Headlines

Headlines

Adam Leitman Bailey, P.C. Makes New Law, Evicting Long Term Nuisance Tenant
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The First Rent Stabilization Overhaul in 14 Years
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The Most Influential Commercial Lease Cases in the Last Century that Every Drafter a...
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Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment...
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Demonstrating the ‘Irrational’: Whatever Happened to Article 78?
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Queens Newly Constructed Condominium Receives 900k Including Donation of Apartment t...
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Use Employee Log to Help Win Nonprimary Residence Case
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How to Win Eviction Case Against Tenant Who Overcharges Roommate
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What to do if Tenant Installs Appliance Without Your Ok
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Your Home; Tenant Surcharges for Appliances
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Corruption in Mitchell-Lama Co-ops! How Boards Can Fight Back: Part 1
READ MORE Condominium & Cooperative Representation
Landlord Representation Highlight Video
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Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS