RENT STABILIZATION COVERAGE

Landlord Fails to Demonstrate That Building Was Substantially Rehabbed

January 23, 2023    

Landlord applied in 2022 for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. After it bought the building in 2015, landlord commenced renovations in...

Tenant Can't Vacate Prior Tenant's Settlement with Landlord Establishing Rent

December 20, 2022    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Local Rent Guidelines Board Order Stayed Pending Outcome of Landlords' Challenge to Kingston's Adoption of ETPA

December 20, 2022    

A group of landlords, whose buildings were made subject to rent stabilization under the ETPA by the City of Kingston's new law in August 2022, sued the city, the city's Common Council, the city's new Rent...

Rent Act of 2015 Didn't Preclude Vacancy Deregulation of Tenant's Apartment

December 19, 2022    

Tenant complained to the DHCR of rent overcharge in 2017. She had moved into the apartment in August 2016 at an initial rent of $2,850. Landlord claimed that the apartment was vacancy deregulated when tenant moved in...

Prior Mortgage Agreement Didn't Prevent Rent Stabilization Coverage After Rent-Controlled Tenant Vacated

December 19, 2022    

In 2016, tenant asked the DHCR for an administrative determination (AD) that his apartment was subject to rent stabilization. Tenant complained that landlord claimed the apartment was rent controlled. The DRA ruled...

Substantial Rehab Exemption Not Available for Buildings Subject to PHFL Section 608

December 19, 2022    

Landlord filed applications with the DHCR in 2019 seeking determinations that three buildings were exempt from rent stabilization based on substantial rehabilitation.

DHCR to Reconsider Ruling That Building Hadn't Been Substantially Rehabbed

December 19, 2022    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, finding that landlord hadn't proved that 75...

Apartment Retained by Prior Owner as Tenant Was Subject to Rent Stabilization

December 19, 2022    

Landlord asked the DHCR in March 2017 for a ruling on an apartment's rent regulation status and monthly legal rent. Landlord said it bought the building from tenant in 2010. Tenant lived in the apartment before...

Illegal Apartments Were Still Subject to Rent Stabilization

November 23, 2022    

New landlord sued to evict the three remaining tenants in its building. Tenants claimed they were rent stabilized and asked the court to dismiss the case. Landlord argued that tenants couldn't be rent stabilized...

Tenant's Apartment Was Properly Vacancy-Deregulated

November 22, 2022    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. Landlord argued that the apartment had become vacancy-deregulated in March 2012. The DRA agreed and ruled against tenant,...

No Proof Landlord Combined Units to Create New, Unregulated Unit

November 22, 2022    

Tenant filed an application with the DHCR in 2015 for an administrative determination (AD) that his apartment was subject to rent stabilization. Tenant claimed that he moved into apartment 12 in 1987 without a lease...

Landlord Improperly Deregulated Apartment While Building Received J-51 Benefits

November 22, 2022    

Tenant sought a ruling that his apartment had been improperly deregulated. The DRA ruled for tenant, and landlord appealed and lost. Landlord then filed an Article 78 court appeal. The DHCR agreed to take the case...