RENT STABILIZATION COVERAGE

Rent-Stabilized Apartments May Be Subject to Vacancy Deregulation Pre-HSTPA After Temporary Exemption

September 28, 2021    

Tenants filed a class action against landlord, claiming rent overcharge. The building had been temporarily exempt from rent stabilization on the base rent date four years earlier when it was owned by Brooklyn Law...

Newly Created Apartment Constructed in 2008 Was Deregulated

September 27, 2021    

Tenant complained that his apartment had been improperly deregulated. The DRA ruled against tenant, finding in 2018 that the apartment was a newly created unit, that the first legal rent was above the $2,000 high-...

Apartment Was Properly Vacancy Deregulated in 2008

September 24, 2021    

Tenant complained to the DHCR in 2018 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. The apartment had been legally deregulated in June 2008 due to high-...

J-51 Lease Rider Notice of Deregulation Not Required in Building Otherwise Rent Stabilized

September 23, 2021    

Landlord applied for high-rent/high-income deregulation of tenants' rent-stabilized apartment in 2014. After confirming that tenants' annual household income exceeded the $200,000 income threshold for 2012...

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...