RENT STABILIZATION COVERAGE

Tenants Seek to Opt Out of Settlement of Class Action Based on RPTL 421-g Claims

June 27, 2022    

Tenants sued landlord, seeking a declaratory judgment and injunctive relief under Real Property Tax Law (RPTL) Section 421-g(6). These current and former tenants of landlord's building were members of a putative...

Building Was Exempt from Rent Stabilization Due to Substantial Rehab

June 23, 2022    

Prior landlord submitted an application to the DHCR in 2004, seeking a ruling that the building was exempt from rent stabilization due to substantial rehabilitation. The DRA dismissed that case because prior landlord...

Termination of Landlord's Luxury Deregulation Application Was Lawful

June 23, 2022    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2013. The DRA ruled against landlord in 2020 because the HSTPA had repealed the provisions of the laws and codes...

Tenant's Default in Response to 2014 Luxury Deregulation Application Vacated

June 22, 2022    

Landlord applied to the DHCR for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2014. Landlord pointed out that tenant failed to respond to the Income Certification Form (ICF) that...

Tenant's Apartment Was Vacancy Deregulated in 2002

June 16, 2022    

A New Rochelle tenant filed a complaint with the DHCR seeking a rent reduction based on a reduction in required services. In response, landlord argued that the apartment wasn't rent stabilized. The DRA then...

Appeals Court Upholds DHCR Explanatory Addenda Applying Post-HSTPA Repeal of Luxury Deregulation

June 16, 2022    

In separate DHCR proceedings, landlord applied for high-rent/high-income deregulation of three rent-stabilized apartments. In each case, the DRA issued an order of deregulation, which explained that the units each...

Building Is Exempt Due to Substantial Rehabilitation

June 14, 2022    

Prior landlord filed an application (Form RS-3 Application) with the DHCR in 2004 to determine whether its building was exempt from rent stabilization. In 2007, the DRA closed the case without action due to the prior...

Lawful Deregulation of Tenant's Apartment Took Place Before HSTPA Took Effect

May 25, 2022    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord in June 2018 based on the tenant's household income, and stated that the apartment was...

Tenants of Illegally Converted Building Are Rent Stabilized

May 25, 2022    

Building tenants sued landlord, claiming that they were rent stabilized and seeking correction of violations. When landlord bought the building in 2018, it contained eight residential units, including three SRO units...

Unit Deregulated Before June 2019 Remained So Despite Appeal Decided Post-HSTPA

May 17, 2022    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2011. The DRA ruled against landlord in 2015, finding that the building received J-51 tax benefits and that none of...

DHCR Complied with HSTPA by Dismissing Pending LD Applications

May 17, 2022    

Landlord filed three separate applications for high-rent/high-income deregulation of apartments in its building in 2018. In November 2019, the DRA dismissed all three applications based on the June 14, 2019,...

Doctor/Dentist Offices Needn't Be Registered as Rent-Stabilized Units

May 16, 2022    

The DHCR's Rent Administrator issued a Notice of Proposed Action to landlord in 2020, noting that DOF records indicated that landlord's building received J-51 tax benefits for the period between July 1, 2017...