![]() | |
Division overview | |
---|---|
Division executives |
|
Parent agency | |
Key document | |
Website | Official website |
The New York State Division of Housing and Community Renewal (DHCR) is an agency of the New York state government [1] responsible for administering housing and community development programs to promote affordable housing, community revitalization, and economic growth. Its primary functions include supervising rent regulations through the State Office of Rent Administration (ORA), administering affordable housing programs, providing financial assistance for housing development and rehabilitation, supporting community development initiatives, ensuring compliance with fair housing laws, and managing the Weatherization Assistance Program. DHCR has been criticized by tenant rights groups for its failure to monitor their own programs and massive delays in investigating cases of the illegal deregulation due to an extensive backlog. [2] [3] [4]
Through its Office of Rent Administration (ORA), DHCR is responsible for administering and enforcing rent stabilization and rent control laws in New York City and other jurisdictions statewide. This includes reviewing and approving rent increases, handling tenant complaints, investigating violations, ordering corrections, and imposing penalties on landlords who are found to be noncompliant. Regarding this responsibility, DHCR has be widely criticized for their failure to monitor rent increases/illegal deregulations, penalize landlords who violate the law regarding rent increases and for subsequently creating an extensive backlog of cases reported by tenants. [2] [3] [4] Beyond rent regulations, DHCR is also responsible for enforcing compliance with housing maintenance codes, mediates landlord-tenant disputes, and ensures landlords adhere to warrant of habitability requirements.
DHCR administers various programs aimed at developing, rehabilitating, and preserving affordable housing in the state. However, there have been instances of DHCR failing to monitor these programs (such as the Mitchell–Lama Housing Program), with ethics concerns being raised due to the financial gain of DHCR employees from taxpayer funds despite failing to enforce the regulations of the program. [3] Other programs include the federal Low-Income Housing Tax Credit and State Low-Income Housing Tax Credit, which offers tax incentives to encourage private investment in affordable housing; the federal HOME Investment Partnerships Program of the HTFC, which offers funds for housing projects targeting low-income households; and the state Low Income Housing Trust Fund of the HTFC, which provides financial support for the construction and rehabilitation of affordable rental and homeownership opportunities. HTFC receives staff and administrative support from DHCR.
DHCR also implements community development initiatives aimed at promoting economic growth and revitalizing communities. Key programs include the New York Main Street program, which provides financial assistance and technical support to help communities revitalize traditional main streets and downtown areas, and the federal Community Development Block Grant program, which offers funds to local governments, nonprofit organizations, and community-based organizations for projects that improve community infrastructure, support local businesses, and create jobs. The state Housing Development Fund provides loans to nonprofit organizations to develop low-income housing projects.
Other programs include the Rural Rental Assistance Program for projects financed with mortgages from the USDA Rural Housing Service 515 Program, and the Weatherization Assistance Program assists with reducing their heating/cooling costs.
The State Housing Law of 1926 created the State Board of Housing. [5] [6] The law was reenacted in 1927 to create the Bureau of Housing. [7] Article XVIII on housing was added to the New York Constitution effective 1 January 1939. [8] The Division of Housing was continued in 1939 with the enactment of the Public Housing Law. [9] [10] "Community renewal" was added in 1961. [11] The Temporary State Housing Rent Commission was incorporated into the DHCR as the Office of Rent Administration in 1964. [12]
DHCR has had significant oversight issues and received criticism over the years, particularly regarding its role in the regulation and enforcement of rent stabilization laws. [3] Tenants and advocacy groups have frequently pointed to several failures and systemic issues that have adversely impacted New York tenants.
One of the primary criticisms of DHCR is its inadequate enforcement of rent stabilization laws. Tenants have reported numerous instances where landlords have illegally increased rents or failed to maintain their properties in good condition, yet faced minimal repercussions from DHCR. This perceived leniency has led to a climate where some landlords feel emboldened to flout regulations without fear of significant consequences. [13] In 2007, a review by the New York State Inspector General highlighted significant deficiencies in DHCR's oversight of the Mitchell–Lama Housing Program. The report found that DHCR failed to enforce tenant selection rules and financial management regulations, allowed unqualified applicants to receive apartments, and permitted housing companies to bypass regulations regarding apartment allocations and financial reporting. Additionally, DHCR employees themselves benefited from the program, raising concerns about conflicts of interest. [3]
"State Inspector General Kristine Hamann today released the results of an in-depth review by her office concluding that the New York State Division of Housing and Community Renewal’s monitoring of the Mitchell-Lama affordable housing program and enforcement of its own regulations were deficient on a broad scale.
The IG’s report, ‘An In-Depth Review of the Division of Housing and Community Renewal’s Oversight of the Mitchell-Lama Program,’ describes the results of an examination that revealed fundamental deficiencies in DHCR’s oversight of the Mitchell-Lama program during the period January 2003 to October 2006. The IG’s office began its review in response to numerous complaints from residents and others that pointed to systemic problems in DHCR’s oversight role.
Inspector General Hamann stated: ‘Rather than safeguarding the integrity of the program, DHCR, through its own shortcomings, allowed housing companies to flout rules regarding apartment allocation, financial reporting, and contracting. DHCR’s deep and systemic failures resulted in increases in charges to tenants and the allocation of apartments to unqualified applicants at the expense of those legitimately entitled to those same apartments.’"
(Offices of the New York State Inspector General, Sept. 19 2007) [3]
The agency has also been criticized for significant delays in processing tenant complaints and rent overcharge cases. These delays can span several months to years, leaving tenants in prolonged periods of uncertainty and financial strain. The backlog of cases often results in delayed justice, where tenants continue to overpay rent or live in substandard conditions while waiting for DHCR to act. [14] [15] An example involves the handling of a 2016 deregulation application by a landlord, which was dismissed in 2019 due to amendments in the High-Rent/High-Income deregulation laws under the Housing Stability and Tenant Protection Act of 2019. The landlord had applied for deregulation in a timely manner, but the DHCR's slow processing resulted in a three-year delay before dismissal, leaving the case unresolved. [4] Additionally, tenants seeking reimbursement for rent overcharges, a right enhanced by the 2019 legislative reforms, face substantial delays as well. It can take up to three years for these cases to be resolved, with two years often elapsing before cases are assigned to one of the limited number of rent examiners at the DHCR. These delays not only prolong financial stress for tenants but also may lead them to accept less favorable settlements with landlords. The extensive delays in case processing by the DHCR compromise the effectiveness of tenant protection laws and highlight the need for improvements in the agency’s operations to ensure timely and fair resolution of housing-related cases. Critics of DHCR say that the extensive backlog of cases goes to show the direct impact of DHCR failing to monitor rent reporting by landlords, causing irreversible damage to affordable housing in New York and serious financial damage to private citizens. [4] [2]
The backlog at DHCR has raised significant ethical concerns. The agency's primary role includes enforcing rent regulations and monitoring rent reporting, but failures in these responsibilities have led to a substantial backlog of cases. This has caused prolonged financial and emotional distress for tenants seeking redress for rent overcharges and other issues. Despite receiving increased taxpayer funding aimed at resolving these backlogs, DHCR has struggled to make substantial progress. This situation suggests potential mismanagement of funds and raises questions about the agency's accountability and transparency. Critics argue that the inefficiencies in DHCR's operations and the continued delays in processing cases undermine trust in the agency's ability to protect tenants' rights effectively. The ethical concerns are compounded by instances where landlords have engaged in fraudulent activities, such as unlawfully increasing rents or deregulating units without proper oversight. [16] [17] [18]
Another major point of contention is DHCR's lack of transparency. Tenants and advocates argue that the agency's processes and decisions are often opaque, making it difficult for renters to understand their rights or the status of their complaints. This lack of clarity can discourage tenants from pursuing legitimate claims and erodes trust in the agency’s ability to protect tenant rights. [15]
The cumulative effect of DHCR's failures has been profound for New York tenants. Many renters have experienced significant financial hardship due to unchecked rent overcharges and the costs associated with living in poorly maintained housing. Additionally, the psychological toll of prolonged legal battles and the uncertainty of unresolved complaints can be severe. These systemic issues have contributed to an environment where tenants feel vulnerable and unprotected, undermining the overall stability and affordability of housing in New York City. [13]
In the United States, rent control refers to laws or ordinances that set price controls on the rent of residential housing to function as a price ceiling. More loosely, "rent control" describes several types of price control:
Subsidized housing is government sponsored economic assistance aimed towards alleviating housing costs and expenses for impoverished people with low to moderate incomes. In the United States, subsidized housing is often called "affordable housing". Forms of subsidies include direct housing subsidies, non-profit housing, public housing, rent supplements/vouchers, and some forms of co-operative and private sector housing. According to some sources, increasing access to housing may contribute to lower poverty rates.
The Civil Court of the City of New York is a civil court of the New York State Unified Court System in New York City that decides lawsuits involving claims for damages up to $25,000 and includes a small claims part for cases involving amounts up to $10,000 as well as a housing part for landlord-tenant matters, and also handles other civil matters referred by the New York Supreme Court. The court has divisions by county (borough), but it is a single citywide court.
Housing Benefit is a means-tested social security benefit in the United Kingdom that is intended to help meet housing costs for rented accommodation. It is the second biggest item in the Department for Work and Pensions' budget after the state pension, totalling £23.8 billion in 2013–14.
The Mitchell–Lama Housing Program is a non-subsidy governmental housing guarantee in the state of New York. It was sponsored by New York State Senator MacNeil Mitchell and Assemblyman Alfred A. Lama. It was signed into law in 1955 as The Limited-Profit Housing Companies Act.
The New York State Housing Finance Agency (HFA) is a New York State public-benefit corporation created in 1960 to increase the supply of rental housing for low-income people by issuing bonds and providing low-interest mortgage loans to regulated housing companies.
The State of New York Mortgage Agency is a New York State public-benefit corporation created in 1970 by the state government of New York to provide affordable homeownership to low- and moderate-income New Yorkers. It offers affordably priced fixed-rate mortgages through several mortgage programs for eligible homebuyers. Each program offers competitive interest rates, low down payments, down payment assistance and no prepayment penalties. SONYMA offers its programs through a network of participating lenders throughout New York state who contract with the agency to offer SONYMA's programs to their customers. The mortgage loans are purchased from the lenders by SONYMA, which funds the purchases by issuing tax-exempt bonds. In 2017, it had operating expenses of $62.57 million, an outstanding debt of $2.533 billion, and a staff level of 275 people.
Rent regulation in New York is a means of limiting the amount of rent charged on dwellings. Rent control and rent stabilization are two programs used in parts of New York state. In addition to controlling rent, the system also prescribes rights and obligations for tenants and landlords.
The New York State Department of Labor is the department of the New York state government that enforces labor law and administers unemployment benefits.
The New York State Office of Children and Family Services (OCFS) is an agency of the New York state government within the Department of Family Assistance. The office has its headquarters in the Capital View Office Park in Rensselaer.
The Judicial Conference of the State of New York is an institution of the New York State Unified Court System responsible for surveying current practice in the administration of the state's courts, compiling statistics, and suggesting legislation and regulations. Its members include the Chief Judge of the New York Court of Appeals and judges from the New York Supreme Court, Appellate Division.
The New York State Department of Family Assistance (DFA), also known as the Department of Family Services, is a department of the New York state government. Its regulations are compiled in title 18 of the New York Codes, Rules and Regulations.
The Department of Mental Hygiene (DMH) is an agency of the New York state government composed of three autonomous offices:
In England and Wales, a section 21 notice also known as a section 21 notice of possession or a section 21 eviction, is a notice under section 21 of the Housing Act 1988, that a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer. Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence, or the case is pending an appeal.
Rent regulation is a system of laws for the rental market of dwellings, with controversial effects on affordability of housing and tenancies. Generally, a system of rent regulation involves:
The Costa–Hawkins Rental Housing Act ("Costa–Hawkins") is a California state law, enacted in 1995, which places limits on municipal rent control ordinances. Costa–Hawkins preempts the field in two major ways. First, it prohibits cities from establishing rent control over certain kinds of residential units, e.g., single-family dwellings and condominiums, and newly constructed apartment units; these are deemed exempt. Second, it prohibits "vacancy control", also called "strict" rent control. The legislation was sponsored by Democratic Senator Jim Costa and Republican Assemblymember Phil Hawkins.
The Family Court of the State of New York is a specialized court of the New York State Unified Court System located in each county of the state. The New York City Family Court is the name given to the state Family Court within New York City.
Eviction in the United States refers to the pattern of tenant removal by landlords in the United States. In an eviction process, landlords forcibly remove tenants from their place of residence and reclaim the property. Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. Landlords may also choose not to renew a tenant's lease, however, this does not constitute an eviction. In the United States, eviction procedures, landlord rights, and tenant protections vary by state and locality. Historically, the United States has seen changes in domestic eviction rates during periods of major socio-political and economic turmoil—including the Great Depression, the 2008 Recession, and the COVID-19 pandemic. High eviction rates are driven by affordable housing shortages and rising housing costs. Across the United States, low-income and disadvantaged neighborhoods have disproportionately higher eviction rates. Certain demographics—including low income renters, Black and Hispanic renters, women, and people with children—are also at a greater risk of eviction. Additionally, eviction filings remain on renters' public records. This can make it more difficult for renters to access future housing, since most landlords will not rent to a tenant with a history of eviction. Eviction and housing instability are also linked to many negative health and life outcomes, including homelessness, poverty, and poor mental and physical health.
The Housing Stability and Tenant Protection Act of 2019 (HSTPA) is a New York state statute that introduced major changes to landlord-tenant law.
Illegal deregulation in New York City is the unlawful practice by landlords or property management firms in New York City to remove rent-regulated or rent-controlled status from apartments, converting them into market rate units.