UNIT/BUILDING COVERED

Tenant Proved Building Had at Least 6 Apartments and Was Rent Stabilized

April 26, 2023    

Landlord sued to evict tenant, claiming that tenant was unregulated because the apartment building contained less than six residential units. Tenant claimed that he was rent stabilized. The building was constructed...

Federal Court Finds No Fifth Amendment Taking of Property Resulting from HSTPA

April 26, 2023    

A group of landlords owning rent-stabilized buildings in New York City sued the city, the NYC Rent Guidelines Board, and the DHCR in federal court. They claimed that the HSTPA effected, both on its face and as-...

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...

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...