RENT STABILIZATION COVERAGE

Trial Needed to Determine Whether Building Contained Six or More Apartments

July 27, 2021    

Landlord sued to evict an unregulated tenant for nonpayment of rent. Tenant, in turn, claimed that she was rent stabilized and had been overcharged. Landlord argued that the building contained only five apartments,...

Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized

July 26, 2021    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant received a rent-stabilized vacancy lease when she moved into the unit in October 1995. But...

DHCR Rejects Landlord's Claim That New Apartment Was Lawfully Created and Deregulated

July 23, 2021    

Tenant complained in 2015 of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $11,494, including interest. The DRA disallowed landlord's claimed $45,000...

Landlord Proved Vacancy Deregulation of Apartment

July 23, 2021    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that the apartment was no longer subject to rent stabilization. Tenant appealed and, while tenant's PAR was pending, the...

Deregulation Applications Filed in 2019 Dismissed Due to HSTPA

July 23, 2021    

Landlord applied for high-rent/high-income deregulation of three rent-stabilized apartments in its building in May 2019. The DRA dismissed the applications in August 2019, noting that the Housing Stability and Tenant...

Landlord Didn't Prove Building Was Substantially Rehabilitated

July 20, 2021    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord bought the building in 2015 and claimed that the building was in seriously...

Explanatory Addendum to 2018 Deregulation Order Was Valid

June 22, 2021    

Landlord applied for high-rent/high-income deregulation of tenants' rent-stabilized apartment in 2010. The DRA didn't issue a deregulation order for landlord until February 2018, based on the DRA's...

Landlord Properly Deregulated Apartment Before Tenant Moved In

June 21, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the monthly legal rent of $2,895 paid in 2014 by prior tenant exceeded the threshold for...

Rent History Records Must Be Kept to Prove How Apartment Was Deregulated

June 21, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant and ruled that the apartment wasn't deregulated, the four-year base rent date was March 4, 2013, the base...

Tenant in 421-a Building that Never Completed Co-op Plan Was Rent Stabilized

June 21, 2021    

Tenant filed an application for an Administrative Determination (AD) by the DHCR, to determine his building's rent-regulatory status. The DRA found that the building received Real Property Tax Law 421-a tax...

Landlord Claims Buildings Are Exempt Due to Substantial Rehab

June 21, 2021    

Landlord filed three separate applications with the DHCR to determine if its three buildings were exempt from rent regulation based on substantial rehabilitation. Landlord bought the buildings in 2014 and claimed...

DOB Records Don't Support Landlord's Substantial Rehab Claim

June 21, 2021    

Landlord applied to the DHCR for a rent stabilization exemption order based on claimed substantial rehabilitation of landlord's building. Landlord bought the building in March 2014, performed renovation work that...