RENT STABILIZATION COVERAGE

421-A Building with Fewer Than Six Apartments Is Rent Stabilized

March 27, 2018    

Landlord sued to evict tenant of three-family dwelling, claiming that tenant was unregulated because tenant moved in after June 1974. Tenant claimed that she was rent stabilized. The court ruled for tenant and...

Building Substantially Rehabilitated in 2007 Was Exempt from Rent Stabilization

March 27, 2018    

Landlord asked the DHCR to determine that its building was exempt from rent stabilization based on substantial rehabilitation completed in 2007. HPD had issued a vacate order for the building in 2006 after a fire,...

Landlord Proves Building Was Substantially Rehabbed in 1984

March 27, 2018    

Landlord asked the DHCR for a determination that its building was exempt from rent stabilization because it had been substantially rehabilitated by prior landlord after Jan. 1, 1974. The DRA ruled for landlord....

Court Properly Looked Back More Than Four Years to Assess Claim

March 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant claimed that he was subject to rent stabilization and challenged the deregulated status of the apartment...

Registration Records Show Rent Never Reached Deregulation Threshold

March 27, 2018    

Landlord sued to evict tenant, claiming that tenant was an unregulated month-to-month tenant. Tenant claimed that she was rent stabilized and asked the court to dismiss the case. The court ruled for tenant. Landlord...

Landlord Proves Building Was Substantially Rehabilitated in Eviction Case

March 27, 2018    

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.)

Building Was Substantially Rehabilitated

March 22, 2018    

Landlord asked the DHCR for a determination that its building had been substantially rehabilitated and therefore wasn't subject to rent stabilization. The DRA ruled for landlord. Tenant appealed and lost....

Landlord Who Converted Building for Owner Occupancy Didn't Prove Exemption from Rent Stabilization

March 22, 2018    

Landlord asked the DHCR to rule on whether his building was exempt from rent stabilization due to substantial rehabilitation after the Tenant Protection Unit (TPU) questioned why landlord hadn't filed annual rent...

Building Was Substantially Rehabilitated in 1993

March 22, 2018    

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled for landlord. Tenant appealed and lost. Landlord submitted...

Two Buildings Weren't a Horizontal Multiple Dwelling

March 22, 2018    

Landlord asked the DHCR for a determination of the rent regulation status of 1456 Coney Island Avenue. Landlord said that the building was mistakenly registered as rent-stabilized although it contained fewer than six...

Elderly Tenant's Failure to Answer Deregulation Application Excused

March 19, 2018    

Landlord applied in 2013 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of the complaint from the DHCR...

Building Remained Rent Stabilized Even If Number of Apartments Reduced

February 22, 2018    

Tenant asked the DHCR to determine the rent regulatory status of her apartment building. Landlord claimed that the building was exempt. The DRA ruled that the building was rent stabilized because it was constructed...

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