SUBSTANTIAL REHABILITATION

DHCR Arbitrarily Ruled That Buildings Not Subject to Sub Rehab Exemption

February 26, 2024    

In 2021, new landlord filed five applications with the DHCR, seeking a declaration that each building in a five-building complex was exempt from rent stabilization as the result of substantial rehabilitation of the...

Landlord Failed to Prove Building Was Substantially Rehabbed

January 25, 2024    

Landlord sought a ruling from the DHCR that its building was exempt from rent stabilization based on a substantial rehabilitation that took place after Jan. 1, 1974. The DRA ruled against landlord, who appealed and...

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...

Landlord Didn't Prove Sufficient Work Done to Constitute Substantial Rehab

October 24, 2023    

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

Landlord Didn't Prove Horizontal Multiple Dwelling Was Substantially Rehabbed

October 24, 2023    

Landlord asked the DHCR for a ruling that its two adjoining buildings were exempt from rent stabilization based on substantial rehabilitation. The DRA ruled against landlord, finding that landlord failed to...

Landlord Didn't Prove Claimed Substantial Rehab Had Been Completed

September 22, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, who appealed and lost....

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...

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...

Landlord Didn't Prove Building Had Been Substantially Rehabilitated

July 24, 2023    

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization based on a substantial rehabilitation performed to replace at least 75 percent of building systems, as required by...

Only 4 Out of 13 Building System Replacements Were Documented

July 24, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed in 2009 within the meaning of RSC Section 2520.11(e). The DRA ruled against...

DHCR Makes No Regulatory Finding on Sub Rehab Application Withdrawn Without Prejudice

July 24, 2023    

Landlord filed an application with the DHCR in August 2022, seeking a determination that its building was exempt from rent stabilization due to substantial rehabilitation. In January 2023, landlord requested that its...