UNIT/BUILDING COVERED

Apartment Neither Newly Created Nor Previously Temporarily Exempt

June 27, 2023    

Tenant sued landlord for rent overcharge and improper deregulation of his rent-stabilized apartment. Tenant moved into the unit in November 2007 and paid $2,250 per month in rent at all times since then. Landlord...

Tenant Who Received No 421-a Lease Rider Notification Remains Rent Stabilized

May 23, 2023    

Landlord sued to evict tenant and claimed that tenant wasn't subject to rent stabilization because the building was constructed or substantially rehabilitated after Jan. 1, 1974. In response, tenant claimed that...

Building Remained Rent-Stabilized Even After J-51 Benefits Expired

May 22, 2023    

In 2016, landlord asked the DHCR for a ruling on whether tenant's apartment was rent stabilized. Landlord claimed that, after April 1993, prior landlord increased the dimensions of the apartment by adding square...

Legal Rent Was $400 Rent Paid by Former Janitor While He Occupied Apartment

May 22, 2023    

Landlord asked the DHCR in 2016 for a ruling on the legal regulated rent for an apartment. Landlord claimed that the apartment occupant had been the building's janitor until his employment was terminated in...

Landlord Can't Amend Rent Registration to Reflect New Apartment It Didn't Register in 2018

May 22, 2023    

Landlord applied to the DHCR for permission to amend 2008 rent registrations for two apartments at its building. The DRA ruled against landlord, who appealed and lost. Landlord claimed that: (a) by April 2018, two...

Tenant Proved Building Had at Least 6 Apartments and Was Rent Stabilized

April 26, 2023    

Landlord sued to evict tenant, claiming that tenant was unregulated because the apartment building contained less than six residential units. Tenant claimed that he was rent stabilized. The building was constructed...

Federal Court Finds No Fifth Amendment Taking of Property Resulting from HSTPA

April 26, 2023    

A group of landlords owning rent-stabilized buildings in New York City sued the city, the NYC Rent Guidelines Board, and the DHCR in federal court. They claimed that the HSTPA effected, both on its face and as-...

DHCR's Application of HSTPA Abolishment of Luxury Deregulation Provisions Was Rational

April 26, 2023    

Landlord applied to the DHCR on May 29, 2018, for a ruling that tenant's rent-stabilized apartment was subject to high-rent/high-income deregulation.  On Nov. 13, 2019, the DRA denied landlord's...

DHCR Uses Default Formula to Set Legal Rent for Unregistered SRO Unit

April 23, 2023    

Tenant filed an application with the DHCR in 2015, asking for a ruling on his SRO unit's regulatory status and legal regulated rent (LRR). In 2019, the DRA found that the unit was rent stabilized and that the...

DHCR Orders Rent Registration of Apartments Despite Landlord's Claim Building Was a Co-op

April 23, 2023    

The DHCR's DRA initiated a proceeding in 2019 after finding that landlord failed to register its building as rent stabilized for 2018 although Dept. of Finance (DOF) records show that the building received J-51...

Federal Appeals Court Denies Landlords' Constitutional Challenge to Rent Stabilization Law

March 23, 2023    

Shortly after HSTPA was enacted in June 2019, the Community Housing Improvement Program (CHIP), Rent Stabilization Association of NYC (RSA), and several individual landlord entities sued the City of New York, the...

Federal Appeals Court Finds No Fifth Amendment Taking or Due Process Violation by HSTPA Amendments to RSL

March 23, 2023    

Landlords sued the City of New York, the DHCR, and the NYC Rent Guidelines Board in federal court soon after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted to amend the Rent Stabilization...