UNIT/BUILDING NOT COVERED

Apartment Was Deregulated More Than Four Years Before Tenant Claimed Overcharge

May 29, 2017    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that he was rent stabilized and had been overcharged. He asked the court to dismiss the case. The court ruled against tenant. The...

Landlord Doesn't Have to Re-Admit Rent-Stabilized Tenant After Fire

May 26, 2017    

(Decision submitted by Arun Perinbasekar of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

DHCR Improperly Disallowed Some IAI Costs

May 22, 2017    

Tenant complained of rent overcharge. Landlord claimed that tenant’s apartment was unregulated. The DHCR ruled for tenant, finding that tenant’s apartment wasn’t eligible for deregulation, and...

Landlord Can Collect First, Deregulated Rent for Newly Created Apartment

April 24, 2017    

Tenant sued landlord, claiming that his apartment was improperly deregulated. He had moved into the apartment in May 2013, and argued that prior tenant was deregulated, but that last rent-stabilized tenant who lived...

Apartment Wasn't Rent Stabilized After Owner Occupancy

March 14, 2017    

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that tenant  moved in after vacancy deregulation and that the apartment therefore wasn’t rent stabilized. Tenant appealed and...

Building Owned as Non-Profit Cooperative Not Subject to Rent Stabilization

February 26, 2017    

Tenant complained that landlord didn’t offer her a rent-stabilized renewal lease. The DRA ruled against tenant, finding that the DHCR had previously ruled that tenant’s apartment wasn’t subject to...

Court Finds Apartment Was Vacancy Deregulated, Despite Altman Decision

January 17, 2017    

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant argued that he was rent stabilized. The court ruled for tenant and dismissed the case because an appellate court in the case of Altman v...

Building Had Five Apartments, So Wasn't Rent Stabilized

December 19, 2016    

Tenant asked the DHCR to rule on whether his apartment was rent stabilized. Tenant claimed that the building was constructed before 1974 and contained six units. Landlord claimed that the building had fewer than six...

Low-Income Housing Co-op Apartment Was Exempt from Rent Stabilization

December 19, 2016    

Tenant complained to the DHCR that landlord had failed to offer her a renewal lease. The DRA ruled for tenant and ordered landlord to give tenant a rent-stabilized renewal lease. Landlord appealed and won. Landlord...

Tenant Not Entitled to Rent-Stabilized Renewal Lease

December 19, 2016    

Tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to offer him a renewal lease and asked that he move to a different apartment in the building. Landlord argued that the apartment...

Building Operated Exclusively as Nonprofit Exempt from Stabilization

October 27, 2016    

Tenant complained of rent overcharge and claimed that she was subject to rent stabilization. Tenant claimed that the building received J-51 tax benefits. Landlord argued that its entity was organized under Private...

Newly Created Apartment with High First Rent Was Exempt from Stabilization

August 16, 2016    

Former tenant sued landlord, claiming that his apartment was rent stabilized. Landlord claimed that the unit was unregulated and asked the court to dismiss the case. The court ruled for landlord. Landlord had...