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...

HSTPA Bars Deregulation of Stuyvesant Town Units After J-51 Tax Benefits Expire

February 22, 2023    

Building complex tenants sued landlord in 2020, claiming that changes to the NYC Rent Stabilization Law made under the HSTPA in 2019 barred landlord from deregulating 6,200 apartments. Landlord argued in response...

Building with Illegal SRO Units Contained at Least Six Housing Accommodations

February 21, 2023    

Tenant asked the DHCR for a ruling on whether his apartment was subject to rent stabilization, claiming the pre-war building at one point contained six apartments. Landlord claimed that the building contained fewer...

Four-Family Brownstone with at Least Two Additional Apartments Was Rent Stabilized

February 21, 2023    

Tenant complaied to the DHCR, claiming that she was rent stabilized and that landlord refused to give her a lease. Landlord argued that the building was a four-family brownstone building and therefore not subject to...

Buildings Rehabbed Under Land Disposition Agreement with HPD Remain Rent Stabilized

February 21, 2023    

Landlord applied to the DHCR for rulings that five buildings had been substantially rehabilitated between 1985 and 1987. The DRA ruled against landlord, finding that the buildings were rehabbed under a NYC Urban...

New Tenant Can't Challenge Initial Rent-Stabilized Status or Rent After Vacancy Decontrol

January 29, 2023    

Tenant sued landlord, claiming that she was rent stabilized and that the apartment had been illegally decontrolled in 2000 when landlord and a prior apartment occupant reached a "private agreement"...

CAB Expulsion Order Ended When Prior Tenant Died

January 24, 2023    

Tenant asked the DHCR in 2018 for a ruling that he had succession rights to a rent-stabilized apartment. The DRA ruled against tenant, finding that he was the first rent-stabilized tenant of the unit. Tenant and...

Tenant Can't Vacate Prior Tenant's Settlement with Landlord Establishing Rent

December 20, 2022    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Prior Mortgage Agreement Didn't Prevent Rent Stabilization Coverage After Rent-Controlled Tenant Vacated

December 19, 2022    

In 2016, tenant asked the DHCR for an administrative determination (AD) that his apartment was subject to rent stabilization. Tenant complained that landlord claimed the apartment was rent controlled. The DRA ruled...

Apartment Retained by Prior Owner as Tenant Was Subject to Rent Stabilization

December 19, 2022    

Landlord asked the DHCR in March 2017 for a ruling on an apartment's rent regulation status and monthly legal rent. Landlord said it bought the building from tenant in 2010. Tenant lived in the apartment before...