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The DHCR persists in taking away owners’ incentives to improve apartments, as the agency has now moved into the realm of Individual Apartment Improvements or “IAIs.” On May 6, 2016, the DHCR issued Operational Bulletin 2016-1 (OB 2016-1), supplanting DHCR Policy Statement 90-10.
The fight against the award of treble damages to tenants received a boost in the recent decision handled by our firm, Matter of Ger Spiegel [DHCR Admin. Rev. Docket No. AS-210014-RO, 10/21/14]. The decision related to rent overcharge complaints and the timing of refunds to tenants.
Currently, the DHCR takes a very parochial stance in assessing treble damages if a refund, with 9 percent interest, is not made within the first 30 days within which to file the initial answer.
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