In recent months, we have seen the Tenant Protection Unit (TPU) significantly increased its enforcement efforts across New York State. This surge in investigations appears to be part of a broader effort to ensure compliance with rent stabilization laws, particularly in relation to rent increases, lease renewals, and proper registration with the Division of Housing and Community Renewal (DHCR).
For landlords, this heightened scrutiny makes it critical to properly and accurately file your registrations each year and regularly review your DHCR records to identify and correct any potential issues before they become the subject of an investigation.
Why Are DHCR Records So Important?
DHCR records are the official documentation of a rent-stabilized apartment’s registration history, including:
- Legal regulated rent history
- Apartment improvements (IAIs) and related increases
- Tenant registration information
These records are often the first place TPU investigators look when assessing potential overcharges or compliance violations. Even minor discrepancies can trigger in-depth reviews, legal actions, or financial penalties.
The Impact of TPU Investigations
TPU investigations can be both time-consuming and costly. The unit has the authority to:
- Audit rent histories going back whatever is deemed “reasonably necessary” as per the Housing Stability and Tenant Protection Act of 2019
- Request documentation such as leases, IAI records, and proof of lawful rent increases
- Impose penalties for non-compliance, including rent rollbacks, refunds to tenants, and fines
Failure to maintain accurate DHCR records can expose landlords to significant legal and financial risks.
Proactive Steps for Landlords
To minimize risk and ensure compliance:
✔ Request Your DHCR Rent Registration History – Obtain a copy of your building’s registration records to review for accuracy.
✔ Conduct a Comprehensive Audit – Compare DHCR records with your internal files, leases, and documentation related to rent increases and IAIs.
✔ Address Discrepancies Immediately – Correct any errors or inconsistencies through proper channels before they escalate into violations.
✔ Stay Informed About Regulatory Changes – Laws and DHCR regulations evolve frequently, especially with recent updates regarding IAIs and rent increases.
How We Can Help
At James G. Dibbini & Associates, P.C., we have extensive experience in:
- Reviewing DHCR rent histories for accuracy
- Identifying potential compliance issues before TPU involvement
- Advising on proper documentation for IAIs and rent increases
- Defending landlords in TPU investigations and DHCR proceedings
Don’t wait for an investigation to uncover issues that could have been proactively addressed. Contact us today to schedule a comprehensive review of your DHCR records and ensure your properties are fully compliant.
The attorneys at James G. Dibbini & Associates, P.C. collectively have over 70 years of experience providing legal services in the areas of:
