RENT STABILIZATION COVERAGE

2001 DOB Violation Report Proves Building Contained Six or More Dwelling Units

July 26, 2024    

Landlord sued to evict month-to-month tenant in 2020 and stated that tenant wasn't rent stabilized because the building contained fewer than six apartments. In response, tenant claimed that the building was rent...

Insufficient Grounds for Tenant's Fraudulent Deregulation Claim

July 26, 2024    

Tenant sued landlord, claiming that landlord had fraudulently raised his apartment rent in January 2001 to remove the unit from rent stabilization through vacancy deregulation. Tenant also claimed that there was a...

DHCR Decision That Apartment Had Been Deregulated Upheld by Appeals Court

July 25, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DHCR ruled against tenant, finding that the apartment had been vacancy deregulated more than six years before the base...

Apartment in Building Under HPD Regulatory Agreement Was Mistakenly Registered with DHCR

July 22, 2024    

Tenant complained to the DHCR that landlord failed to offer her a renewal lease on the same terms and conditions as the expiring lease. The DRA terminated the proceeding, finding it had no jurisdiction because the...

Former Hospital Employee-Occupant Didn't Become Subject to Rent Stabilization Upon Retirement

July 22, 2024    

Tenant sought a ruling from the DHCR that he was subject to rent stabilization. The DRA ruled against tenant, finding that his occupancy was contingent upon his employment with Maimonides Medical Center (MMC) and was...

Landlord Didn't Document Sub Rehab or Show Building Was 80% Vacant Before Work Began

July 22, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation of the building that took place after Dec. 31, 1973. The DRA ruled against landlord...

Landlord Didn't Prove Apartment Was Vacancy Deregulated in 2013

July 22, 2024    

Tenant complained to the DHCR of a reduction in required services. In response, landlord claimed that the apartment had been vacancy deregulated and wasn't subject to rent stabilization. The DHCR then opened a...

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...