RENT STABILIZATION COVERAGE

Tenant in Occupancy Before C of O Issued Is Exempt from Deregulation

April 25, 2025    

Landlord sued to evict tenant, claiming that his tenancy was unregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant, based on stipulated facts agreed to by both sides.

Rents Adjusted Where HUD-Regulated Building Become Subject to Rent Stabilization

April 24, 2025    

Building tenants sued landlord in 2019, seeking declarations that they were rent stabilized and asked for decisions on individual claims for nonfraud overcharges predating the HSTPA. Landlord had previously received...

Court Can Consider DHCR Rent Reduction Order as Proof Unit Hadn't Been Deregulated

April 24, 2025    

Landlord sued to eject tenant and asked the court for a declaration without trial that tenant's apartment was deregulated in 2010. The court ruled against landlord, finding that it failed to establish that the...

Tenant's Apartment Was Properly Deregulated in 2015

April 23, 2025    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, who appealed and lost. The DHCR found no colorable claim of a fraudulent scheme to deregulate...

Building Subject to HPD Regulatory Agreement Wasn't Rent Stabilized

April 22, 2025    

Rent-stabilized tenant complained to the DHCR that landlord failed to offer him a renewal lease on the same terms and conditions as his expiring lease. Tenant claimed that landlord took away a utility credit that was...

No Sub Rehab Proved Where No Records Showed Prior Substandard Condition

April 22, 2025    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation. The DRA ruled against landlord, finding that it failed to present any substantive...

Building Exempt from Rent Stabilization Based on Substantial Rehabilitation

April 22, 2025    

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

Appeals Court Upholds Dismissal of Luxury Deregulation Applications Still Pending When HSTPA Enacted

March 27, 2025    

Landlord filed two separate applications with the DHCR, in 2017 and 2018, seeking high-rent/high-income deregulation of tenant's rent-stabilized apartment. These applications were still pending before the DHCR on...

Newly Created Apartment Was Never Deregulated

March 27, 2025    

Landlord sued to evict tenant it claimed was unregulated. Tenant claimed that she was rent stabilized, that her apartment had been improperly deregulated, and that she had been overcharged.

Tenant Who Requested Move to Deregulated Apartment Was No Longer Rent Stabilized

February 25, 2025    

A Bronxville tenant complained to the DHCR of rent overcharge. She lived in a rent-stabilized apartment in landlord's building, and later moved into a different, unregulated apartment in the same building. Tenant...

Apartment Subject to Regulatory Agreement Between Landlord and HPD

February 24, 2025    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that the apartment was subject to rent stabilization. Tenant appealed and lost. In a prior DHCR ruling, the agency found that a...

Landlord Entitled to First Rent for Newly Created Rent-Stabilized Apartment

February 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant in part, finding that the apartment was subject to rent stabilization but that there was no...