RENT STABILIZATION COVERAGE

Tenant Who Moved into Apartment After 421-a Benefits Expired Wasn't Rent Stabilized

May 22, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant moved into the building after Real Property Tax Law 421-a tax benefits had expired. The building was...

Landlord Didn't Replace 75% of Building Systems Needed to Prove Sub Rehab

May 22, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, finding that landlord...

Landlord Proved Building Was Substantially Rehabbed After 2014 Fire

May 22, 2023    

Landlord applied to the DHCR in 2021 for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation commenced in June 2015 and completed in 2020. The DRA ruled for landlord,...

Building Remained Rent-Stabilized Even After J-51 Benefits Expired

May 22, 2023    

In 2016, landlord asked the DHCR for a ruling on whether tenant's apartment was rent stabilized. Landlord claimed that, after April 1993, prior landlord increased the dimensions of the apartment by adding square...

Legal Rent Was $400 Rent Paid by Former Janitor While He Occupied Apartment

May 22, 2023    

Landlord asked the DHCR in 2016 for a ruling on the legal regulated rent for an apartment. Landlord claimed that the apartment occupant had been the building's janitor until his employment was terminated in...

Landlord Can't Amend Rent Registration to Reflect New Apartment It Didn't Register in 2018

May 22, 2023    

Landlord applied to the DHCR for permission to amend 2008 rent registrations for two apartments at its building. The DRA ruled against landlord, who appealed and lost. Landlord claimed that: (a) by April 2018, two...

Landlord of Purported Co-op Unit Fails to Prove Apartment Exempt from Rent Regulation

April 26, 2023    

Landlord, claiming that she was a co-op building shareholder, sued to evict an unregulated tenant of an apartment after terminating the tenancy. Prior to trial, tenant asked the court to stay the eviction proceeding...

DHCR Properly Found That Tenant's Apartment Had Been Vacancy Deregulated Before April 1, 1997

April 26, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment at the Chelsea Hotel. The DHCR ruled against tenant, who then filed an Article 78 court appeal of the agency's decision...

Tenant Proved Building Had at Least 6 Apartments and Was Rent Stabilized

April 26, 2023    

Landlord sued to evict tenant, claiming that tenant was unregulated because the apartment building contained less than six residential units. Tenant claimed that he was rent stabilized. The building was constructed...

Federal Court Finds No Fifth Amendment Taking of Property Resulting from HSTPA

April 26, 2023    

A group of landlords owning rent-stabilized buildings in New York City sued the city, the NYC Rent Guidelines Board, and the DHCR in federal court. They claimed that the HSTPA effected, both on its face and as-...

DHCR Properly Found That Apartment Was Properly Vacancy-Deregulated

April 26, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that her rent wasn't subject to rent stabilization. The DHCR denied  tenant's appeal, finding that the DRA had...

DHCR's Application of HSTPA Abolishment of Luxury Deregulation Provisions Was Rational

April 26, 2023    

Landlord applied to the DHCR on May 29, 2018, for a ruling that tenant's rent-stabilized apartment was subject to high-rent/high-income deregulation.  On Nov. 13, 2019, the DRA denied landlord's...