RENT STABILIZATION COVERAGE

Apartment Was Vacancy Deregulated Before Tenant Moved In

August 28, 2023    

Tenant sued landlord for rent overcharge and improper apartment deregulation. She asked for attorneys fees in connection with this complaint.  Tenant moved into the apartment under an unregulated lease on July...

Sub Rehab Application Denied Based on Landlord's Refusal to Submit Lease Records

August 28, 2023    

Landlord asked the DHCR in 2017 for a determination that its building was exempt from rent regulation based on substantial rehabilitation. The DHCR ruled against landlord, who then filed an Article 78 court appeal,...

Building Work Insufficient to Prove Rent Stabilization Exemption Based on Substantial Rehab

August 28, 2023    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein McConnell Gribben & Joseph LLC, attorneys for the tenants.)

Landlord applied to the DHCR, seeking a ruling...

Apartment Became Deregulated When Tenant Moved Out and J-51 Tax Benefits Expired

August 28, 2023    

Former tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant in part, finding no overcharge but directing landlord to base future rent increases on the...

Tenant's Apartment Was Properly Vacancy Deregulated in 2003

August 28, 2023    

Tenant complained to the DHCR that she had been overcharged and that her apartment was improperly deregulated. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Landlord proved that...

Tenant Buy-Outs Proved Building Wasn't in Substandard Condition When Rehab Work Began

August 28, 2023    

Landlord applied to DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation that took place after landlord bought the building in 2010 and completed the rehab in...

Tenants in Building Substantially Rehabbed Under HDC Agreement Remained Rent Stabilized

August 28, 2023    

Landlord applied to the DHCR for a ruling on the rent regulatory status of its building. The DRA ruled for landlord in part, finding that the building was exempt from rent stabilization based on substantial...

DHCR Found Proof of Prior Substandard Condition Was Insufficient

August 27, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to substantial rehabilitation of the building after Jan. 1, 1974. The DRA pointed out that, under RSC Section 2520.11(e...

Court Revokes DHCR Ruling That Apartment Was Vacancy-Deregulated

July 26, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation. The DRA ruled for tenant and ordered landlord to refund $6,150, including triple damages. Landlord appealed, and the DHCR revoked the DRA...

Court Upholds DHCR Ruling That Apartment Wasn't Vacancy Deregulated

July 26, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the unit had been vacancy deregulated and the base date rent was $2,500. Tenant...

Apartment Was Vacancy Deregulated After Rent-Controlled Tenant Moved Out

July 25, 2023    

Tenant complained to the DHCR in 2018, claiming rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the unit had been lawfully deregulated in 2010. Tenant had moved into...

Apartment Was Lawfully Deregulated After J-51 Tax Benefits Expired

July 25, 2023    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation in February 2023. Tenant had moved into the unit in April 2021 at an initial rent of $3,850 per month. The DRA ruled against tenant...