RENT STABILIZATION COVERAGE

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

November 24, 2024    

Tenant moved into her apartment under a market-rate lease in 2021. In 2023, she filed a rent overcharge complaint with the DHCR, claiming improper deregulation of her unit. The DRA ruled against tenant. The apartment...

DHCR Can't Decide Tenant's Claim That Unit's Co-op Exemption Was Invalid

November 24, 2024    

Tenant complained to the DHCR in 2021 of rent overcharge. The DHCR consolidated that complaint with three lease violation complaints also filed by tenant. The DRA ruled that tenant's apartment wasn't subject...

Two Buildings Were Horizontal Multiple Dwelling Subject to Rent Stabilization

November 24, 2024    

Landlord applied to the DHCR in 2020 for a ruling that its two small buildings, each containing three apartments, were separate and not subject to rent regulation. In response, tenants claimed that the two buildings...

Landlord Didn't Show That 75 Percent of Building Systems Were Replaced

November 24, 2024    

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

Building Wasn't in Substandard Condition Before Claimed Sub Rehab

November 24, 2024    

Landlord applied to the DHCR, seeking a determination that its building was exempt from rent regulation due to substantial rehabilitation. The DRA ruled against landlord, finding that landlord failed to prove that...

Building Was Substantially Rehabbed in Accordance with Rules in Effect in February 2023

November 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation. Landlord bought the building in 2022 and did the sub rehab work between April 2022 and...

Building Constructed Before 1974 and Rehabbed Wasn't Subject to Rent Stabilization

November 24, 2024    

Building tenants applied to the DHCR for a determination of the building's rent regulatory status. They claimed that the building was built before 1974, contained at least six units, and was rehabilitated with...

Fraudulent Scheme to Deregulate Depends on "Totality of the Circumstances"

November 20, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and improper apartment deregulation, and asked the court to grant discovery beyond the four-year lookback period applicable to her...

Owners Seek U.S. Supreme Court Review of Constitutional Challenge to HSTPA

October 28, 2024    

Owners and owner organizations sued the State of New York in federal court in 2020, claiming that the HSTPA effected a physical and regulatory taking of their property in violation of the Takings Clause of the Fifth...

Apartment Was Vacancy Deregulated Before Tenant Moved In

October 23, 2024    

Tenant complained to the DHCR in 2020, claiming rent overcharge. The DRA ruled against tenant, finding that her apartment was no longer rent stabilized. Tenant appealed and lost. The base rent date for tenant's...

Reconstruction of Demolished Building Resulted in Exemption from Rent Regulation

October 23, 2024    

Landlord applied to the DHCR, seeking a determination that its Yonkers building was exempt from rent regulation based on substantial rehabilitation. The DRA ruled for landlord, who bought the building in 1989 when it...

Landlord Didn't Prove Building Was Substantially Rehabilitated

October 23, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation completed during the 1980s. The DRA ruled against landlord, finding that it failed to...