UNIT/BUILDING COVERED

DHCR Rejects Landlord's Claim That New Apartment Was Lawfully Created and Deregulated

July 23, 2021    

Tenant complained in 2015 of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $11,494, including interest. The DRA disallowed landlord's claimed $45,000...

Deregulation Applications Filed in 2019 Dismissed Due to HSTPA

July 23, 2021    

Landlord applied for high-rent/high-income deregulation of three rent-stabilized apartments in its building in May 2019. The DRA dismissed the applications in August 2019, noting that the Housing Stability and Tenant...

Rent History Records Must Be Kept to Prove How Apartment Was Deregulated

June 21, 2021    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant and ruled that the apartment wasn't deregulated, the four-year base rent date was March 4, 2013, the base...

Tenant in 421-a Building that Never Completed Co-op Plan Was Rent Stabilized

June 21, 2021    

Tenant filed an application for an Administrative Determination (AD) by the DHCR, to determine his building's rent-regulatory status. The DRA found that the building received Real Property Tax Law 421-a tax...

Building Converted from Five to Six Apartments Became Rent Stabilized

June 21, 2021    

Landlord brought five separate eviction proceedings against five tenants in the same building. Landlord claimed that the tenants were unregulated because the building contained fewer than six residential units. The...

Building Containing Six Apartments Was Rent Stabilized

April 20, 2021    

Tenant asked the DHCR for a ruling on whether her apartment was rent stabilized. Landlord claimed that the building contained only five apartments and therefore wasn't subject to rent stabilization. The DRA ruled...

Building That Was Part of HMD in 1984 Is Rent Stabilized

March 24, 2021    

An unregulated tenant asked the DHCR to determine his status, claiming that he was rent stabilized. Tenant said that he moved into his apartment in 1984, when the building was part of a horizontal multiple dwelling (...

Court Upholds DHCR Explanatory Addenda to Deregulation Order

February 8, 2021    

In June 2018, landlord filed an application for high-rent/high-income deregulation of rent-stabilized tenants' apartment. The DRA ruled for landlord and issued an Order of Deregulation in January 2019 based on...

DHCR "EA" Properly Explained Effect of HSTPA on Deregulation Order

January 25, 2021    

In 2018, landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. In February 2019, the DRA ruled for landlord based on tenants' admission that their total annual...

Building Contained Sixth, Illegal Apartment

October 28, 2020    

Landlord sued to evict unregulated tenant who had no lease. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. Landlord argued that the building contained only five apartments and...

Deregulation Order Ineffective Due to Lease in Effect Post-HSTPA

October 26, 2020    

Landlord applied in 2016 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. On March 1, 2019, the DRA ruled for landlord and issued an order of deregulation based on tenant's...

No Deregulation Where Renewal Lease Still in Effect After HSTPA Enacted

August 26, 2020    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. On Sept. 7, 2018, the DRA ruled for landlord based on tenant's admission that his annual household income...