RENT STABILIZATION COVERAGE

Building Was Substantially Rehabbed Under Pre-November 2023 Rules

December 19, 2024    

(Decision submitted by Dawn R. Myers, Esq. of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord applied to the DHCR in March 2023...

Tenant Claims Apartment Was Improperly Deregulated

November 25, 2024    

Landlord sued to evict unregulated tenant after sending a 90-day termination notice. Landlord claimed that the apartment had been vacancy-deregulated from rent stabilization. In response, tenant claimed rent...

SCOTUS Won't Hear Landlords' HSTPA Challenge

November 25, 2024    

On Nov. 12, 2024, the U.S. Supreme Court denied a petition for certiorari by a group of New York property owners who had asked the Court to review a federal court denial of the owners’ challenge to certain...

Appeals Court Dismisses Tenant's Claim of Fraudulent Apartment Deregulation

November 25, 2024    

Tenant sued landlord, claiming fraudulent removal of his apartment from rent regulation in 2009 and a related rent overcharge between 2021 and 2022. Landlord asked the court to dismiss tenant's claim without...

Apartment Was Vacancy-Deregulated in 2009 Based on Gut Renovation

November 25, 2024    

Tenant complained to the DHCR in August 2019 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2009. Tenant appealed and lost....

Landlord Proved Apartment Was Lawfully Deregulated in 2010

November 25, 2024    

Tenant complained to the DHCR in 2023 of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the unit had been properly deregulated in 2010 when the legal rent...

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

November 24, 2024    

Tenant moved into her apartment under a market-rate lease in 2021. In 2023, she filed a rent overcharge complaint with the DHCR, claiming improper deregulation of her unit. The DRA ruled against tenant. The apartment...

DHCR Can't Decide Tenant's Claim That Unit's Co-op Exemption Was Invalid

November 24, 2024    

Tenant complained to the DHCR in 2021 of rent overcharge. The DHCR consolidated that complaint with three lease violation complaints also filed by tenant. The DRA ruled that tenant's apartment wasn't subject...

Two Buildings Were Horizontal Multiple Dwelling Subject to Rent Stabilization

November 24, 2024    

Landlord applied to the DHCR in 2020 for a ruling that its two small buildings, each containing three apartments, were separate and not subject to rent regulation. In response, tenants claimed that the two buildings...

Landlord Didn't Show That 75 Percent of Building Systems Were Replaced

November 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation. The DRA ruled against landlord, finding that landlord hadn't proved that the...

Building Wasn't in Substandard Condition Before Claimed Sub Rehab

November 24, 2024    

Landlord applied to the DHCR, seeking a determination that its building was exempt from rent regulation due to substantial rehabilitation. The DRA ruled against landlord, finding that landlord failed to prove that...

Building Was Substantially Rehabbed in Accordance with Rules in Effect in February 2023

November 24, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation based on substantial rehabilitation. Landlord bought the building in 2022 and did the sub rehab work between April 2022 and...