Amended RSL Provision Concerning Preferential Rent Applied Retroactively

February 26, 2019    

Landlord sued to evict unregulated tenant. Tenant claimed that the apartment was rent stabilized. Tenant pointed to Rent Stabilization Law (RSL) Section 26-511(c)(14), which was amended in 2015 to provide an...

No Charitable Exemption Found for Rent-Stabilized Building

February 25, 2019    

Landlord sued to evict various building tenants, claiming that they were exempt from rent stabilization due to the building's charitable exemption. The cases were consolidated, and landlord failed to appear in...

No Deregulation for New Apartment with No Rent Stabilization History Before J-51 Applied

February 22, 2019    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Three-Family House Actually Contained Seven Dwelling Units

January 28, 2019    

Landlord sued to evict tenant, and claimed that tenant was unregulated since the building was a three-family dwelling. Tenant claimed that he was rent stabilized because the building contained seven dwelling units...

First Tenant After Rent Control Was Rent Stabilized

December 25, 2018    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that he was rent stabilized. The court ruled for tenant. The prior tenant was rent controlled. Tenant moved into the apartment on June...

Landlord Corrected Rent Registrations

December 24, 2018    

Rent-stabilized tenant complained of rent overcharge and claimed fraud by landlord. The DRA found a total rent overcharge of $1,680, including interest. Tenant appealed and lost. Landlord had previously registered...

Subtenant Becomes Rent-Stabilized Tenant Based on Illusory Tenancy

November 27, 2018    

Subtenant sued landlord, claiming that he was rent stabilized and that landlord overcharged him. He claimed that the apartment had an illusory prime tenant. The court ruled for tenant, finding that he was the...

Apartment Was Improperly Deregulated After Base Date Vacancy

November 12, 2018    

Landlord sued to evict tenant, claiming that tenant's apartment was deregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The...

Apartment Was Improperly Deregulated Based on Disallowed IAI Costs

September 25, 2018    

Former tenant sued landlord, claiming rent overcharge and improper apartment deregulation. Tenant also sued individual officers of the owner entity, the managing agent, and one of landlord's employees, claiming...

Apartment Listed as Medical Office on C of O Was Rent Stabilized

September 24, 2018    

Landlord sued to evict apartment tenant, claiming that the unit wasn't rent regulated because it wasn't designed for residential use. Tenant claimed that he was rent stabilized. The court ruled for tenant and...

Unit Formerly Covered by Loft Law Was Rent Stabilized

September 20, 2018    

Tenant sued landlord, claiming that his loft unit was rent stabilized. The unit was located in a deregulated Interim Multiple Dwelling (IMD). The original Loft Law tenant had previously assigned his lease and...

Landlord Rented Separated Rooms in Four-Family Dwelling

August 24, 2018    

Landlord sued to evict month-to-month tenant from a four-family residence. Tenant claimed that landlord's court petition improperly described the premises and that he was rent-stabilized because the building...