RENT STABILIZATION COVERAGE

Sixth Apartment Added to Pre-1974 Building Made Building Subject to Rent Stabilization

July 22, 2024    

The DHCR issued an order on June 10, 2022, finding that tenant's apartment was subject to rent stabilization. Landlord filed an Article 78 court appeal of the DHCR's decision, and the case was sent back to...

Trial Needed to Determine If Apartment Improperly Deregulated and Tenant Overcharged

June 26, 2024    

Tenants sued landlord in March 2019, claiming improper apartment deregulation and wilful rent overcharge. They moved into the apartment in 2017 under a non-regulated lease at $4,000 per month. DHCR rent registration...

Former Mitchell-Lama Building, with C of O Issued in 1980, Wasn't Subject to Rent Stabilization

June 24, 2024    

Tenant complained to the DHCR of rent overcharge. She claimed that the building had been subject to the Mitchell-Lama program and, upon dissolution, landlord improperly set the fair market rent by 120 percent. The...

Landlord Claimed That Whether Its Building Was Sub Rehabbed Concerned Only One Unit

June 24, 2024    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord because it didn't submit copies of its application for...

Landlord Didn't Prove Building Was Substantially Rehabilitated

June 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation performed in 2018. The DRA ruled against landlord in July 2023. Noting that DHCR...

Appeals Court Upholds Adoption of ETPA in Village of Ossining

May 23, 2024    
The Village of Ossining in Westchester County adopted rent-stabilization coverage under the ETPA  on Sept. 5, 2018, after conducting a vacancy study of available rental housing units in the village and...

Ejectment Action Dismissed for Incorrectly Claiming Apartment Wasn't Rent Stabilized

April 26, 2024    

Landlord sued to eject tenant from an apartment, and sought a declaratory judgment that the apartment wasn't rent stabilized. Tenant was a nonprofit organization that sublet units to provide supportive housing....

421-a Building Tenant Never Received Lease Rider Notification of Status

April 26, 2024    

Landlord sued to evict tenant and claimed that the apartment was unregulated. Tenant argued that she was subject to rent stabilization and asked the court to dismiss the case without trial. The court ruled for tenant...

Court Finds Newburgh's Adoption of ETPA Null and Void

April 25, 2024    

After the City of Newburgh adopted rent stabilization coverage under the ETPA on Dec. 18, 2023, a group of property owners sued the city and the DHCR, seeking a declaration that Newburgh's adoption of the ETPA...

Appeals Court Upholds Kingston's Adoption of ETPA

April 25, 2024    

A group of owners of buildings that became subject to rent stabilization under the City of Kingston’s August 2022 adoption of the ETPA filed a challenge to the city’s actions, arguing that the vacancy...

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

April 24, 2024    

Tenant who had moved into his apartment in 2016 complained to the DHCR of rent overcharge and improper apartment deregulation in 2020. The DRA ruled against tenant, finding that the apartment was lawfully deregulated...

Landlord Didn't Show Building Was in Substandard Condition Before Sub Rehab

April 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation performed in 2022 after landlord purchased the building. The DRA denied the application...