SUBSTANTIAL REHABILITATION

Landlord Didn't Show Building Was in Substandard Condition Before Sub Rehab

April 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation performed in 2022 after landlord purchased the building. The DRA denied the application...

Landlord Proved That Building Was Substantially Rehabilitated

April 24, 2024    

Landlord asked the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation of the building after Jan. 1, 1974. The DRA ruled for landlord, finding that it had replaced...

Tenant Moved into Building After Sub Rehab and J-51 Benefit Expiration

April 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation done in 1989. The DRA ruled for landlord. However, the DRA ruled that four tenants who...

Building Less Than 80% Vacant Wasn't Substantially Rehabbed

March 26, 2024    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost. The...

Tenant Moved into Building After Sub Rehab Exemption Took Effect

March 16, 2024    

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization as the result of a substantial rehabilitation in 1989. The DRA ruled for landlord but found that tenants of four...

DHCR Arbitrarily Ruled That Buildings Not Subject to Sub Rehab Exemption

February 26, 2024    

In 2021, new landlord filed five applications with the DHCR, seeking a declaration that each building in a five-building complex was exempt from rent stabilization as the result of substantial rehabilitation of the...

Landlord Failed to Prove Building Was Substantially Rehabbed

January 25, 2024    

Landlord sought a ruling from the DHCR that its building was exempt from rent stabilization based on a substantial rehabilitation that took place after Jan. 1, 1974. The DRA ruled against landlord, who appealed and...

Landlord Must File DHCR Form RS-3 for Sub Rehab Exemption Ruling

December 18, 2023    

Tenant applied to the DHCR for a ruling on the regulatory status of her apartment by filing a letter on Nov. 5, 2020. Tenant claimed that there was a pending eviction proceeding against her where landlord claimed...

Landlord Didn't Prove Sufficient Work Done to Constitute Substantial Rehab

October 24, 2023    

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization due to substantial rehabilitation done after Jan. 1, 1974. The DRA ruled against landlord, finding that landlord...

Landlord Didn't Prove Horizontal Multiple Dwelling Was Substantially Rehabbed

October 24, 2023    

Landlord asked the DHCR for a ruling that its two adjoining buildings were exempt from rent stabilization based on substantial rehabilitation. The DRA ruled against landlord, finding that landlord failed to...

Landlord Didn't Prove Claimed Substantial Rehab Had Been Completed

September 22, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost....

Sub Rehab Application Denied Based on Landlord's Refusal to Submit Lease Records

August 28, 2023    

Landlord asked the DHCR in 2017 for a determination that its building was exempt from rent regulation based on substantial rehabilitation. The DHCR ruled against landlord, who then filed an Article 78 court appeal,...