Division of Housing and Community Renewal (DHCR)
The Division of Housing and Community Renewal Attorneys in New York City, Mount Vernon, Yonkers, and Westchester County
The Division of Housing and Community Renewal (DHCR) is a state agency responsible for supervising, maintaining, and developing affordable low and moderate-income housing in New York. DHCR administers housing development and community preservation programs and regulates housing accommodations that are subject to rent control or rent stabilization under the Emergency Tenant Protection Act of 1974 (ETPA). Property-owners often work with a DHCR landlord representation attorney to ensure compliance with these regulations.
In municipalities that have adopted the ETPA, rent stabilization applies to most apartments in buildings containing 6 or more units that were constructed prior to 1974, with some exceptions. Under rent stabilization, landlords are limited in the amount of legally regulated rent they can charge tenants, and tenants are entitled to receive required services, have their leases renewed, and cannot be evicted except on limited grounds permitted by law. Rent Control generally applies to tenants in buildings built before 1947, where the tenant is in continuous occupancy prior to 1971. Rent control limits the rent a landlord may charge for an apartment and restricts the landlord’s ability to evict tenants. Tenants are entitled to receive essential services under rent control, and matters involving tenant protections are often handled by a DHCR tenant rights attorney.
by a DHCR tenant rights attorney. The ETPA rent regulations generally serve to protect tenants, so it is important for landlords to understand the ETPA and know their obligations and rights under the law.
Tenants in ETPA apartments may file complaints with DHCR if they have grounds to believe they are being overcharged for rent, or that the landlord is not providing required services, or has not made necessary repairs for an individual apartment or building-wide. These claims may involve rent overcharge disputes or allegations of harassment, where guidance from a DHCR rent overcharge attorney or DHCR harassment complaint lawyer can be critical. At James G. Dibbini & Associates, P.C., we have experience in successfully defending landlords against DHCR claims brought by tenants for rent overcharge and loss of services claims. Parties aggrieved by a DHCR decision and order may file a Petition for Administrative Review (PAR). At James G. Dibbini & Associates, P.C., we also represent owners in filing and defending PARs, including those seeking support from a DHCR representation lawyer in Yonkers.
Owners of apartment buildings subject to ETPA are also required by law to register their buildings and apartments with DHCR annually. To register, owners must file information with DHCR yearly pertaining to tenants and their rent increases. At James G. Dibbini & Associates, P.C., we complete and file annual DHCR rent registrations, assisting owners through experienced DHCR landlord representation attorney services.
When owners make certain improvements or installations (known as Major Capital Improvements, or MCIs) to buildings subject to rent stabilization or rent control laws, they may apply to DHCR for approval to increase tenant rents based on the actual, verified cost of MCIs. Not all work will qualify as an MCI. Some examples of MCI items include boilers, windows, electrical rewiring, plumbing, and roofs. At James G. Dibbini & Associates, P.C., we can help you determine what work may qualify for MCI rent increases, and we can help you obtain DHCR’s approval for the MCI rent increases with the support of a knowledgeable DHCR representation lawyer in Yonkers.
To learn more about DHCR, you could visit their website at https://hcr.ny.gov/division-housing-and-community-renewal or feel free to contact our office for any specific questions you may have or for assistance or representation on any of your DHCR issues.
How a DHCR representation lawyer helps manage DHCR matters
A DHCR representation lawyer assists landlords with DHCR filings, compliance issues, and administrative proceedings. Legal guidance helps owners navigate ETPA requirements while protecting their interests.
When a DHCR rent overcharge attorney is needed
A DHCR rent overcharge attorney supports landlords facing tenant claims involving alleged rent overcharges. These cases require careful documentation and timely responses to DHCR.
The role of a DHCR landlord representation attorney in compliance
A DHCR landlord representation attorney helps ensure proper rent registrations and compliance with rent stabilization laws. Accurate filings reduce the risk of disputes and penalties.
Handling allegations with a DHCR harassment complaint lawyer
A DHCR harassment complaint lawyer assists landlords in responding to tenant harassment complaints. Proper legal handling helps ensure claims are addressed according to DHCR standards.
Frequently Asked Questions
- What types of properties fall under DHCR regulation?
Generally, buildings with six or more units built before 1974 in ETPA areas, along with certain older buildings, are under rent control. - Can tenants file DHCR complaints against landlords?
Yes, for issues such as rent overcharges or failure to provide required services. - What is a Petition for Administrative Review (PAR)?
A PAR allows parties to challenge a DHCR decision or order. - Are landlords required to register apartments annually?
Yes, annual DHCR rent registration is mandatory for regulated properties. - What qualifies as a Major Capital Improvement (MCI)?
Items like boilers, roofs, windows, or building-wide plumbing may qualify if they meet DHCR standards. - Can MCI work lead to rent increases?
Yes, if DHCR approves the application based on verified costs. - How long does a DHCR case usually take?
Timelines vary depending on the issue and documentation involved. - Why seek legal help for DHCR matters?
DHCR regulations are detailed, and legal guidance helps ensure compliance while protecting rights.
