RENT STABILIZATION COVERAGE

RENT STABILIZATION COVERAGE

Occupant Assigned Apartment by Nonprofit Couldn't Claim Rent-Stabilized Status

March 17, 2019    

Subtenant sued rent-stabilized tenant and landlord, and asked the court to stop tenant from evicting subtenant. The court ruled against subtenant, who appealed and lost. Tenant was a not-for-profit organization that...

Apartment Was Reregulated Due to J-51 Benefits

March 15, 2019    

Tenant sued landlord, claiming rent overcharge and that his apartment was improperly deregulated. Landlord claimed that tenant was barred by the doctrine of collateral estoppel because he didn't participate in...

Landlord Claims Building Was Substantially Rehabbed

March 15, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that the apartment was unregulated. Landlord argued that the building was substantially rehabilitated in the late 1990s and asked the court to rule in...

Is Building Exempt Due to Substantial Rehab?

February 26, 2019    

Landlord sued to evict tenant and claimed that tenant's building was exempt from rent stabilization due to substantial rehabilitation. Landlord asked the court to rule on the case without a trial. The court ruled...

Amended RSL Provision Concerning Preferential Rent Applied Retroactively

February 26, 2019    

Landlord sued to evict unregulated tenant. Tenant claimed that the apartment was rent stabilized. Tenant pointed to Rent Stabilization Law (RSL) Section 26-511(c)(14), which was amended in 2015 to provide an...

No Charitable Exemption Found for Rent-Stabilized Building

February 25, 2019    

Landlord sued to evict various building tenants, claiming that they were exempt from rent stabilization due to the building's charitable exemption. The cases were consolidated, and landlord failed to appear in...

Tenants in Apartments Rented to Homeless Shelter Organization Not Rent Stabilized

February 25, 2019    

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and argued that tenant wasn't subject to rent stabilization. Landlord rented the apartment to the NYC...

Tenant's Failure to Respond to Deregulation Application Excused

February 24, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016 when tenant's legal rent reached $2,700 or more, to determine whether tenant's annual household income...

Tenant Showed No Good Cause to Vacate Default in Deregulation Case

February 22, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017, when tenant's monthly rent was $2,700 per month, and requested verification of household income to...

No Deregulation for New Apartment with No Rent Stabilization History Before J-51 Applied

February 22, 2019    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Deregulation Applied to New Tenant Who Didn't Live in Apartment During Prior Tax Years

February 22, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2018, claiming that the legal rent was $2,733.75 or more. Tenant had admitted in the Income Certification Form (ICF...

Apartment Rented to Nonprofit Wasn't Rent Stabilized

February 20, 2019    

Tenant, a not-for-profit organization, and apartment occupant sued landlord, claiming that the rented apartment was subject to rent stabilization and that landlord unreasonably withheld consent when tenant asked to...