RENT STABILIZATION COVERAGE

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...

Tenant's Failure to Answer Deregulation Application Excused

June 24, 2019    

Landlord filed an application for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice to...

Rent-Stabilized Apartment Incorrectly Identified as Co-op Unit

June 24, 2019    

Landlord sued to evict tenant and claimed that tenant's apartment wasn't rent stabilized because it was a cooperative unit. The court ruled against landlord and dismissed the case. Tenant showed that the...

Building Was Rent Stabilized Due to Sixth Apartment in Basement

June 20, 2019    

Landlord sued to evict tenant. Landlord claimed that tenant was unregulated because the building contained fewer than six apartment units. Tenant argued that the building contained six apartments, including one in...

Building's Sixth Unit, Claimed Commercial, Was Used for Residential Purposes

June 17, 2019    

Prior landlord sued to evict tenant. Landlord claimed that tenant's apartment wasn't rent regulated because the building contained fewer than six residential units. At trial, landlord claimed that the...

Pre-Trial Questioning Permitted to Determine Whether Apartment Was Properly Deregulated

June 17, 2019    

Landlord sued to evict tenant, claiming that apartment was exempt from rent stabilization based on high-rent vacancy. The court denied landlord's request for a ruling without a trial, and granted tenant's...

40-Year Lease for Corporate Tenant Without Named Occupant in Rent-Stabilized Unit Was Void

June 17, 2019    

Landlord sued tenant and asked the court to declare that tenant's lease was illegal and void as against public policy. The court ruled for landlord, declared the lease void, terminated tenant's rights of...

Landlord Must Offer Rent-Stabilized Lease to First Tenant After Temporary Exemption

May 25, 2019    

Tenant complained to the DHCR of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment had been vacancy deregulated by the base rent date. The DHCR denied...

Tenant's Apartment Was Properly Deregulated

May 23, 2019    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, who appealed and lost. The base date rent charged to prior rent-stabilized tenant was $1,124....

Landlord Properly Set First Deregulated Rent After Commercial Use

May 22, 2019    

Unregulated tenant complained to the DHCR of improper deregulation and rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment in January 2018 at an initial rent of $3,...

Building Exempt from Rent Stabilization Due to Substantial Rehab

May 21, 2019    

Tenant asked the DHCR to determine her apartment's regulatory status. She claimed that she was rent stabilized. Landlord claimed that it bought the building in 1989 and then performed a gut rehabilitation of the...

Rent Frozen Since Landlord Didn't Promptly Correct Rent Registrations

May 9, 2019    

Landlord sued to evict tenant after tenant's lease expired. Landlord claimed that tenant's apartment was unregulated, after prior high-rent vacancy deregulation. Tenant claimed that the apartment was...