RENT STABILIZATION COVERAGE

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...

DHCR Uses Default Formula to Set Legal Rent for Unregistered SRO Unit

April 23, 2023    

Tenant filed an application with the DHCR in 2015, asking for a ruling on his SRO unit's regulatory status and legal regulated rent (LRR). In 2019, the DRA found that the unit was rent stabilized and that the...

DHCR Orders Rent Registration of Apartments Despite Landlord's Claim Building Was a Co-op

April 23, 2023    

The DHCR's DRA initiated a proceeding in 2019 after finding that landlord failed to register its building as rent stabilized for 2018 although Dept. of Finance (DOF) records show that the building received J-51...

Landlord Didn't Submit Sufficient Proof of Substantial Rehab

April 23, 2023    

The prior landlord of a Westchester County building asked the DHCR in 2019 for a ruling that its Mt. Vernon premises was exempt from rent regulation due to substantial rehabilitation. The DRA ruled against landlord...

Tenant Who Lived in Building Prior to Substantial Rehab Remained Rent Stabilized

April 23, 2023    

Landlord applied to the DHCR in 2019, seeking a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation completed in 2011. The DRA ruled for landlord in 2022 based on...

Court Upholds Kingston's Adoption of ETPA But Vacates RGB's Retroactive Rent Reductions

March 27, 2023    

A group of owners of buildings now 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 study upon...

Federal Appeals Court Denies Landlords' Constitutional Challenge to Rent Stabilization Law

March 23, 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...

Federal Appeals Court Finds No Fifth Amendment Taking or Due Process Violation by HSTPA Amendments to RSL

March 23, 2023    

Landlords sued the City of New York, the DHCR, and the NYC Rent Guidelines Board in federal court soon after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted to amend the Rent Stabilization...

Landlord Showed No Proof It Had Filed an Exemption Application with DHCR

March 21, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of the apartment. The DRA ruled for tenant, found that the unit was rent- stabilized, and directed landlord to file annual rent registrations...

Landlord Didn't Show That 75 Percent of Building Systems Were Replaced

March 21, 2023    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. The DRA correctly found that the DOB...

Landlord Didn't Submit Sufficient Proof of Claimed Substantial Rehab

March 21, 2023    

Landlord applied for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord said that it bought the vacant building in 2021 and performed gut...

Building Rehabbed Under PHFL Program with HUD Financing Remained Rent Stabilized

March 21, 2023    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation landlord claimed was completed between 1978 and 1981. The DRA ruled against landlord.