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Why is the DHCR undermining its own ability to protect tenants?
September 5, 2012
Tenants demand stronger rent regulations and enforcement at August 28 DHCR hearing.
When the Rent Act of 2011 was passed last June, despite making only modest legislative changes, tenants were excited because it included language requiring the DHCR to "promulgate rules and regulations" to enforce the new and existing rent laws. Administrative regulatory changes can be very powerful; under previous administrations, DHCR made many regulatory changes outside of the legislative process that were actually harmful to tenants and significantly weakened the rent regulation system. Therefore tenants expected DHCR to use this opportunity to better balance the scales and adopt more tenant-friendly regulations. Since the rent laws' passage last summer tenants and advocates have repeatedly met and communicated with the DHCR, sharing concrete regulatory changes identified as crucial for protecting rent regulation, tenants' rights, and New York's affordable housing stock. However, over a year has passed and still DHCR has offered no substantive regulations. Instead of crafting new regulations that could stop or even slow the rapid loss of rent-regulated housing, the agency has instead proposed new regulations that only bring the current rules and regulations in line with the rent law as amended in 2011. Tenants were justifiably outraged and shared their frustrations at an energetic rally followed by a packed hearing on August 28. Tenants, organizers and allies from all five boroughs enthusiastically articulated their concerns. Despite the variety of issues tenants expressed, there was one key point on which all agreed: The current regulations are weak and inadequately protect tenants. Tenants won't be satisfied until stronger regulations and enforcement mechanisms are in place. Key tenant demands include:- Increased oversight of rent increases due to Individual Apartment Improvements (IAI) and Major Capital Improvements (MCI) to combat fraud.
- Strengthen enforcement of registration requirements so that units are no longer lost simply because owners fail to register them.
- Protect the succession rights of remaining family members to stay in their homes when the primary tenant vacates.
- Proactively enforce the existing rent laws by investigating buildings and portfolios at risk of rent overcharges and other illegal behavior.
- Improve tenant access to DHCR.