UNIT/BUILDING NOT COVERED

Pre-Base Date Lease Shows Apartment Was Deregulated

April 26, 2019    

Unregulated tenants complained of rent overcharge and improper deregulation of their apartment. Landlord argued that, on the January 2011 base date, the apartment was already lawfully deregulated and that there was...

Landlord Proved Apartment Was Deregulated Before Tenant Moved In

April 25, 2019    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DHCR ruled against tenant, finding that his apartment had been vacancy deregulated. Tenant filed an Article 78 court...

Deregulated Apartment Remained Exempt Even If Rent Went Below Deregulation Threshold

April 25, 2019    

Unregulated Nassau County tenant complained that she was rent stabilized. Landlord argued that the apartment had been vacancy deregulated by 2007 and was therefore exempt from the ETPA. The DRA ruled against tenant...

Tenant Who Moved into Substantially Rehabbed Building Was Unregulated

March 19, 2019    

Landlord asked the DHCR for a determination that its building had been substantially rehabilitated after Jan. 1, 1974, and therefore was exempt from rent stabilization. The DRA ruled for landlord. Tenant appealed and...

DHCR-Supervised Mitchell-Lama Building Isn't Subject to Rent Stabilization

March 18, 2019    

Tenant complained to the DHCR of a reduction in apartment services. The DRA dismissed tenant's complaint because tenant's building was part of the New York State Mitchell-Lama Program. Tenant appealed and...

Tenants in Apartments Rented to Homeless Shelter Organization Not Rent Stabilized

February 25, 2019    

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and argued that tenant wasn't subject to rent stabilization. Landlord rented the apartment to the NYC...

Apartment Rented to Nonprofit Wasn't Rent Stabilized

February 20, 2019    

Tenant, a not-for-profit organization, and apartment occupant sued landlord, claiming that the rented apartment was subject to rent stabilization and that landlord unreasonably withheld consent when tenant asked to...

Landlord Separated One Apartment into Three New Deregulated Units

December 24, 2018    

Tenant complained of rent overcharge and lease violation. The DRA ruled against tenant, who appealed and lost. Tenant claimed that her apartment was improperly deregulated and that landlord failed to offer a proper...

Tenant's Apartment Was Vacancy Deregulated More Than Four Years Before Complaint

December 24, 2018    

Tenant complained of rent overcharge. The DRA ruled against tenant and found that the apartment wasn't subject to rent stabilization. Tenant appealed, and the DHCR denied her PAR. Tenant then filed an Article 78...

Apartment Became Exempt from Stabilization After J-51 Benefits Expired

November 19, 2018    

In response to tenant's rent overcharge complaint, landlord asked the DHCR to rule on the apartment's regulatory status. Landlord claimed that the apartment had been deregulated due to high-rent vacancy. The...

Rent Stabilization Coverage Was Preempted by HUD Regulation

September 18, 2018    

Tenant association at apartment building for low- and moderate-income families sued landlord, claiming that the building was subject to rent stabilization. The court ruled for tenants. Landlord appealed and won, in...

Apartment Was Properly Vacancy Deregulated Before Tenant Moved In

July 19, 2018    

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. Tenant relied on an appeals court decision in the case of Altman v. 285 West Fourth LLC and argued that,...