SUBSTANTIAL REHABILITATION

Tenant in Occupancy During Substantial Rehab Remained Rent Stabilized

February 15, 2018    

Landlord sued to evict unregulated tenant. Landlord claimed that the building was substantially rehabilitated and a new certificate of occupancy was issued in 1974. Tenant claimed that the building was built before...

Landlord Must Apply to DHCR for Ruling on Substantial Rehab Exemption

November 22, 2017    

Tenants asked the DHCR to determine if their building was subject to rent stabilization. Landlord claimed that the building was exempt due to a substantial rehabilitation that took place after Jan. 1, 1974. Without...

DHCR Finding of Substantial Rehab Exemption Is Retroactive

June 27, 2017    

Landlord applied to the DHCR for an order exempting its building from rent regulation based on substantial rehabilitation. The DRA ruled for landlord. Tenant appealed and lost. Landlord bought the building in 2014...

Tenant Who Occupied Apartment Before Substantial Rehab Is Rent Stabilized

April 27, 2017    

Landlord asked the DHCR to rule on whether a substantially rehabilitated building was rentstabilized. The DRA ruled for landlord in part. The building was substantially rehabilitated in 2012 and would remain rent...

Building Substantially Rehabbed in 1995 Exempt from Rent Stabilization

April 26, 2017    

Landlord asked the DHCR to determine a building’s rent stabilization status, claiming that it was exempt due to substantial rehabilitation in 1995. The DRA ruled for landlord. Tenant appealed and lost. Landlord...

Building Substantially Rehabbed in 2003 Is Exempt from Rent Stabilization

April 26, 2017    

(Decision submitted by Arun Perinbasekar of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Vacant Commercial Building Was Substantially Rehabbed in 1986

April 25, 2017    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,855 including triple damages. The DRA relied on tenant’s figures to calculate the legal rent because landlord...

Building Was Converted from Commercial to Residential in 1999

March 28, 2017    

Landlord sued to evict unregulated tenant, who claimed that he was rent stabilized. Landlord claimed that the building was exempt from rent stabilization due to substantial rehabilitation in 1999 that converted the...

Tenant Entitled to Pre-Trial Questioning on Landlord's Substantial Rehab Claim

January 19, 2017    

Landlord sued to evict tenant, claiming that the apartment wasn’t located in a multiple dwelling and that tenant was unregulated. Tenant claimed that the building contained six apartments and that the first...

Conversion from Warehouse to Apartments Not Subject to Substantial Rehab Requirements

January 17, 2017    

Tenants sued landlord, claiming that their building was subject to rent stabilization. Landlord claimed that the building was unregulated. The court ruled for landlord and dismissed the case. Tenants appealed and...

Landlord Submitted Insufficient Proof of Building's Substantial Rehab

December 18, 2016    

Landlord asked the DHCR for a ruling that a building was exempt from rent stabilization due to substantial rehabilitation of the building performed after Jan. 1, 1974. The DRA closed the file without a ruling because...

Apartment Was Deregulated Due to Substantial Rehab

October 27, 2016    

Tenant complained of rent overcharge. He claimed that his apartment was illegally converted and that the second bedroom didn’t have egress windows. Tenant moved into the apartment in October 2013 under an...