DHCR Proceedings

​

New York State Homes and Community Renewal (more commonly known as DHCR) is a state agency responsible for administering the laws related to rent stabilized and rent controlled housing in New York. Wenig Saltiel LLP represents the interests of both landlords and tenants in relation to the laws administered by DHCR.

​

Wenig Saltiel’s team of attorneys has the expertise to deal with administrative proceedings including:

• Challenges to the rent regulatory status of an apartment – i.e. whether or not a unit was properly deregulated or withdrawn from the rental market.

• Complaints regarding rent overcharge claims and for the determination of the maximum legal regulated rent for a housing unit.

• Owner/landlords’ petitions for rent increases based on a “Major Capital Improvement” (MCI) or an “Individual Apartment Improvement” (IAI).

• Rent reductions based on tenants’ complaints for decreased essential services in their housing unit.

• Complaints regarding the failure of a landlord or tenant to renew a rent stabilized tenancy as required by applicable law.

• “Petitions for Administrative Reviews” (“PAR”) to challenge a decision or order of DHCR based on an error of law and/or fact.

• Article 78 Proceedings to challenge DHCR decisions on a PAR.

• Representing landlord or tenants in harassment proceedings claiming that the owner engaged in actions intended to force out tenant from a rent stabilized or rent controlled apartment.

​

HP Proceedings

​

Tenants or the Department of Housing Preservation and Development (“HPD”) may bring HP Proceedings in Landlord/Tenant Court against a landlord not only for poor living conditions but also for alleged instances of harassment. HPD is a party to these proceedings, and has the power to issue violations and fines to non-compliant landlords. These fines can easily amount to tens of thousands of dollars or more, and Housing Court can, and has, imprisoned landlords for failure to comply with orders to make repairs.

​

Significantly, the scope of activity that constitutes harassment in the landlord/tenant context has become increasingly expansive to include any act or omission by or on behalf of an owner that causes a person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy including the following:

• Using force or making threats that force will be used against a tenant.

• Repeated interruptions or discontinuances of essential services.

• Commencing repeated baseless or frivolous court proceedings against a tenant.

• Removing the entrance door to an apartment or removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such door without supplying a key to the new lock.

• Contacting a tenant to offer money to induce such person to vacate an apartment or waive any rights in relation to such occupancy.

• Threatening any person lawfully entitled to occupancy of an apartment based on such person's actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, uniformed service, sexual orientation, alienage or citizenship status, status as a victim of domestic violence, status as a victim of sex offenses or stalking, lawful source of income or because children are, may be or would be residing in such dwelling unit.

• Requesting identifying documentation for any person lawfully entitled to occupancy of an apartment that would disclose the citizenship status of such person, when such person has provided the owner with a current form of government-issued personal identification.

​​

Wenig Saltiel’s team of attorneys has broad experience defending landlords to minimize or eliminate their exposure to fines as well as advocating for tenants to ensure that repairs are expeditiously performed in the context of HP Proceedings.

​

Certificate of No Harassment (CONH)

​

A new law was enacted in 2018 intended to protect tenants from harassment when a landlord seeks a building permit for major work, including demolition and renovation. Before a landlord can obtain the building permit, the landlord must first obtain a Certificate of No Harassment (CONH) from DHPD that clearly exhibits that the landlord has not harassed tenants or former tenants. This new law now requires DHPD to process thousands of more applications than in prior years, causing a significant backlog of up to one year or more in obtaining the CONH. This delay translates into building owners not being able to obtain building permits for extended periods of time, which prevents them from timely performing work on the building, and often in situations where the Court has ordered repairs to be done within 30 or 90 days. Our clients look to our track record of unparalleled ingenuity in order to satisfy the seemingly impossible requirements of this new law.