RENT STABILIZATION COVERAGE

Landlord Must File DHCR Form RS-3 for Sub Rehab Exemption Ruling

December 18, 2023    

Tenant applied to the DHCR for a ruling on the regulatory status of her apartment by filing a letter on Nov. 5, 2020. Tenant claimed that there was a pending eviction proceeding against her where landlord claimed...

Unit Rented by Nonprofit for Supportive Housing Was Subject to Rent Stabilization

November 26, 2023    

Landlord sued apartment tenant, which was a nonprofit organization that rented the unit to provide supportive housing to its occupant. Landlord sought a declaratory judgment that the apartment wasn't rent...

Disputed Claims of Improper Deregulation Required More Fact-Finding

November 25, 2023    

Tenants of two apartments in the same building sued landlord in November 2019 for rent overcharge and improper deregulation of their apartments. They claimed that they were rent stabilized and asked the court to rule...

Building Never Had Six or More Units Occupied or Intended for Occupancy

November 25, 2023    

Landlord sued to evict unregulated tenant. In response, tenant claimed that she was subject to rent stabilization because the building contained six or more housing accommodations. The court ruled for landlord...

Tenant Remained Rent Stabilized After Transfer to Deregulated Apartment

November 21, 2023    

Tenant complained to the DHCR in 2021 of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,950, including triple damages and minus a partial refund. The DRA also directed landlord to offer...

Apartment Was Rent Stabilized Absent Proof of Deregulation

November 21, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and improper deregulation of her apartment. The DRA found no overcharge but did find that the apartment was rent stabilized. Landlord had failed to register...

Yonkers HDFC Building Complex Was Exempt from Rent Stabilization

November 21, 2023    

Ten separate tenants living at the Waverly Arms Housing Development of Yonkers complained to the DHCR of rent overcharge. The DRA ruled against each tenant, finding that the building complex was exempt from rent...

DHCR Leaves Decision on Whether Occupant Is Rent-Stabilized Tenant to Housing Court

November 20, 2023    

Apartment occupant asked the DHCR for a ruling that he had succession rights to an apartment he occupied. The DRA ruled against the occupant, finding that he was the first rent-stabilized tenant of the unit and not a...

Vacancy Deregulation Didn't Apply When Rent Threshold Reached by Addition of Co-Tenant

October 27, 2023    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, found that he was rent stabilized, and directed landlord to refund $17,446, including triple damages. Landlord...

Unit Didn't Become Deregulated by Rent Increase Resulting from Adding New Co-Tenant

October 26, 2023    

Landlord sued to evict tenants, claiming they were deregulated. The court disagreed and dismissed landlord's claim. Landlord appealed and lost. Tenant and prior co-tenant had moved into the rent-stabilized...

U.S. Supreme Court Declines to Hear Landlords' Claim That Rent Stabilization Law Is Unconstitutional

October 26, 2023    

Shortly after HSTPA was enacted in June 2019, the Community Housing Improvement Program (CHIP), Rent Stabilization Association of NYC (RSA), and several individual landlord entities sued the City of New York, the...

DHCR Adopts Rent Stabilization Code Amendments

October 26, 2023    

On Oct. 23, 2023, the DHCR certified adoption of amendments to the Rent Stabilization Code (RSC) it had proposed in August 2022. These RSC Amendments are expected to be published in the NY State Register on Nov. 8,...