RENT STABILIZATION COVERAGE

Ejectment Action Dismissed for Incorrectly Claiming Apartment Wasn't Rent Stabilized

April 26, 2024    

Landlord sued to eject tenant from an apartment, and sought a declaratory judgment that the apartment wasn't rent stabilized. Tenant was a nonprofit organization that sublet units to provide supportive housing....

421-a Building Tenant Never Received Lease Rider Notification of Status

April 26, 2024    

Landlord sued to evict tenant and claimed that the apartment was unregulated. Tenant argued that she was subject to rent stabilization and asked the court to dismiss the case without trial. The court ruled for tenant...

Court Finds Newburgh's Adoption of ETPA Null and Void

April 25, 2024    

After the City of Newburgh adopted rent stabilization coverage under the ETPA on Dec. 18, 2023, a group of property owners sued the city and the DHCR, seeking a declaration that Newburgh's adoption of the ETPA...

Appeals Court Upholds Kingston's Adoption of ETPA

April 25, 2024    

A group of owners of buildings that became subject to rent stabilization under the City of Kingston’s August 2022 adoption of the ETPA filed a challenge to the city’s actions, arguing that the vacancy...

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

April 24, 2024    

Tenant who had moved into his apartment in 2016 complained to the DHCR of rent overcharge and improper apartment deregulation in 2020. The DRA ruled against tenant, finding that the apartment was lawfully deregulated...

Landlord Didn't Show Building Was in Substandard Condition Before Sub Rehab

April 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation performed in 2022 after landlord purchased the building. The DRA denied the application...

Landlord Proved That Building Was Substantially Rehabilitated

April 24, 2024    

Landlord asked the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation of the building after Jan. 1, 1974. The DRA ruled for landlord, finding that it had replaced...

Separating HMD Buildings Under New Deed Didn't Remove Them from Rent Stabilization

April 24, 2024    

Landlord applied to the DHCR for a determination that tenant's apartment was exempt from rent regulation. The DRA ruled against landlord. Rent Stabilization Code Section 2520.11(d) provides that a building...

Tenant Moved into Building After Sub Rehab and J-51 Benefit Expiration

April 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation done in 1989. The DRA ruled for landlord. However, the DRA ruled that four tenants who...

Landlord's SRO Building Was Subject to Rent Stabilization

April 22, 2024    

In 2022, landlord asked the DHCR for a ruling that its building was exempt from rent regulation because the apartments were used exclusively for charitable purposes on a nonprofit basis. The DRA ruled against...

Two Adjoining Buildings Were Horizontal Multiple Dwelling

April 22, 2024    

Landlord applied to the DHCR for a ruling that its two adjoining buildings were exempt from rent stabilization because they shouldn't be considered a Horizontal Multiple Dwelling (HMD) that, combined, contained...

Tenant Didn't Receive All Required 421-a Lease Riders

April 22, 2024    

Tenant complained that landlord failed to offer her a valid rent-stabilized renewal lease. Landlord claimed that the apartment was no longer subject to rent stabilization because 421-a tax benefits received for the...