UNIT/BUILDING COVERED

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...

Landlord Improperly Deregulated Apartment While Building Received J-51 Benefits

November 22, 2022    

Tenant sought a ruling that his apartment had been improperly deregulated. The DRA ruled for tenant, and landlord appealed and lost. Landlord then filed an Article 78 court appeal. The DHCR agreed to take the case...

Illegal Units in Landlord's Building Are Subject to Rent Stabilization

October 25, 2022    

New landlord sued to evict the last three remaining tenants in its building. Landlord claimed that the apartments couldn't be subject to rent stabilization because they were illegal apartments under NYC Admin....

Landlord Didn't Prove Apartment Was Properly Vacancy-Deregulated

September 26, 2022    

Tenant asked the DHCR in 2018 for an administrative determination (AD) that his apartment was subject to rent stabilization. In response, landlord claimed that the unit had been vacancy-deregulated. 

The...

Landlord Must Give Improperly Deregulated Tenant a Rent-Stabilized Lease

July 19, 2022    

Tenant complained to the DHCR that his apartment had been illegally deregulated and that landlord refused to renew his lease. Landlord argued that, while prior landlord owned the building, a subtenant moved into the...

DHCR Proceeding to Determine Regulatory Status Incorrectly Considered Rent Overcharge

July 19, 2022    

Tenant asked the DHCR to determine her apartment's rent-regulatory status and set the legal rent. She had lived in the unit since 2008 and claimed that it had been improperly deregulated. Landlord claimed that...

Landlord Can't Amend 2019 Rent Registration

July 18, 2022    

Landlord asked the DHCR for permission to amend the 2019 rent registration for Apt. 54 in its building. The DRA ruled against landlord, who appealed and lost. Landlord claimed that it mistakenly registered the...

Pre-1974 Building That Now Contains Six Apartments Is Rent Stabilized

July 18, 2022    

Tenant asked the DHCR in 2020 for a ruling on whether she was rent stabilized. Tenant had lived in the building since 2011, claimed that the building was constructed prior to 1974, and currently contained a store and...