RENT STABILIZATION COVERAGE

Rent-Stabilized Apartment Was Vacancy Deregulated Before Tenants Moved In

August 27, 2019    

Unregulated tenants complained that they were rent stabilized, that their apartment was improperly deregulated in 2011 due to landlord fraud, and that they had been overcharged. The DRA ruled against tenants, who...

Landlord's Building Work Didn't Qualify as Substantial Rehab

August 26, 2019    

Landlord applied to the DHCR for a ruling on whether its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. Landlord claimed that the...

Deregulation Application Based on High Rent/High Income Denied

August 26, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2014. The DRA ruled against landlord, who appealed and lost. The Department of Taxation and Finance (DTF)...

Landlord's 2016 Application for Deregulation Sent Back to DRA for Reconsideration

August 26, 2019    

Landlord filed a petition for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. The DRA ruled against landlord because a vacancy had occurred in 2015 and the legal regulated rent...

Tenant Moved to Deregulated Apartment in Landlord's Other Building

July 22, 2019    

Tenant complained of rent overcharge, improper deregulation of her apartment, and failure to offer a rent-stabilized lease. The DRA ruled against tenant, who appealed and lost. Tenant had lived in a rent-stabilized...

Rent-Stabilized Apartment Was Improperly Deregulated

July 22, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, finding that the apartment was rent stabilized and ordering landlord to refund a total overcharge of $827, including...

DHCR Set First Rent for Former Professional Unit Using Comparability Data

July 22, 2019    

Tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled for tenant and ordered landlord to refund $35,392, including interest. The DRA found that since the apartment had no rent...

Deregulation Application for 2016 Denied Based on Ruling that Denied 2015 Application

July 16, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. The DRA ruled against landlord because landlord's 2015 luxury deregulation application for the same...

Landlord Proved IAIs Resulted in Apartment's Vacancy Deregulation

July 13, 2019    

Tenant sued landlord and prior landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. The court ruled for tenant, finding that the cost of individual apartment improvements (IAIs...

Change in Tenant's Corporate Entity Resulted in Vacancy Deregulation

July 13, 2019    

(Decision submitted by Paul N. Gruber, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Building Receiving 421-g Tax Benefits Not Subject to Luxury Deregulation

July 13, 2019    

Tenants in a building that received Real Property Tax Law (RPTL) 421-g tax benefits sued landlord, and asked the court to declare that they were rent stabilized. The court ruled for tenants. Landlord appealed, and...

Landlord Didn't Prove Tenant Had Roommate Whose Income Was Relevant to Deregulation Determination

June 24, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2015. Landlord noted in its application that it contested the amount of the household income claimed by tenant...