RENT STABILIZATION COVERAGE

Apartment Deregulated Before June 14, 2019, Not Reregulated by HSTPA

December 19, 2019    

Landlord sued to evict unregulated tenant. The court granted tenant's request to dismiss the case without trial. Landlord appealed and won. Before moving out, prior tenant had a one-year lease from August 2013...

No Substantial Rehab Proved Without New C of O

December 17, 2019    

Landlord asked the DHCR to rule on whether its building was exempt from rent stabilization. Landlord claimed that the building was substantially rehabilitated after Jan. 1, 1974, by work done in 2015-2016. The DRA...

Building Was Part of Horizontal Multiple Dwelling

December 17, 2019    

Tenant complained of rent overcharge. Landlord argued that tenant wasn't subject to rent stabilization, based on the DHCR's separate 1996 order finding that the building had four apartments and therefore wasn...

Landlord's PAR of Deregulation Denial Dismissed Due to Repeal of Law

December 12, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2014. At some point, the DRA asked landlord to submit copies of all J-51 riders sent to tenant with leases at any...

Building Converted to Six or More Dwelling Units After 1974

November 21, 2019    

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant argued that he was rent stabilized and asked the court to dismiss the case. The court ruled against tenant, who appealed and won. Tenant had...

Questions of Fact Require Trial on Whether Apartment Was Unregulated

November 21, 2019    

Landlord sued to evict tenant for nonpayment of rent, claiming that the apartment was unregulated. Tenant, in turn, claimed that he was rent stabilized and that there was a rent overcharge. The court denied landlord...

Apartment Properly Became Exempt Under Vacancy Deregulation

November 20, 2019    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, who appealed and lost. DHCR records showed that, prior to 1990, the apartment was rent...

Rent-Stabilized Apartment Was Lawfully Deregulated in 2015

October 28, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment in June 2015. Prior tenant's lawful rent was $1,993...

Apartment Wasn't Lawfully Deregulated Before June 14, 2019

October 28, 2019    

Tenant complained of rent overcharge, improper deregulation, and landlord's failure to offer him a rent-stabilized renewal lease. The DRA ruled for tenant on all counts and ordered landlord to refund $4,448 to...

Tenant Who Relocated Within Building at Landlord's Request Remained Rent Stabilized

October 28, 2019    

Tenant complained that landlord refused to offer her a rent-stabilized renewal lease. The DRA ruled for tenant and directed landlord to give tenant a renewal lease. Landlord appealed and lost. In a separate...

Non-Purchasing Tenants in Former Mitchell-Lama Building Weren't Rent Stabilized

October 28, 2019    

Nonpurchasing tenants in a cooperative building complex sued landlord co-op corporation, claiming that they were rent stabilized. The court ruled against tenants, who appealed and lost. The complex didn't become...

DHCR Must Decide If Repeal of Deregulation Law Applied to Tenant's Case

October 23, 2019    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment after the building's J-51 tax benefits ended. Tenants argued that the building became rent stabilized solely as a...