RENT STABILIZATION COVERAGE

Fraudulent Scheme to Deregulate Depends on "Totality of the Circumstances"

November 20, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and improper apartment deregulation, and asked the court to grant discovery beyond the four-year lookback period applicable to her...

Owners Seek U.S. Supreme Court Review of Constitutional Challenge to HSTPA

October 28, 2024    

Owners and owner organizations sued the State of New York in federal court in 2020, claiming that the HSTPA effected a physical and regulatory taking of their property in violation of the Takings Clause of the Fifth...

Apartment Was Vacancy Deregulated Before Tenant Moved In

October 23, 2024    

Tenant complained to the DHCR in 2020, claiming rent overcharge. The DRA ruled against tenant, finding that her apartment was no longer rent stabilized. Tenant appealed and lost. The base rent date for tenant's...

Reconstruction of Demolished Building Resulted in Exemption from Rent Regulation

October 23, 2024    

Landlord applied to the DHCR, seeking a determination that its Yonkers building was exempt from rent regulation based on substantial rehabilitation. The DRA ruled for landlord, who bought the building in 1989 when it...

Landlord Didn't Prove Building Was Substantially Rehabilitated

October 23, 2024    

Landlord applied to the DHCR for a ruling that its building was exempt from rent regulation due to a substantial rehabilitation completed during the 1980s. The DRA ruled against landlord, finding that it failed to...

Tenant in 421-a Building Since 1976 Remained Rent Stabilized After Tax Benefits Expired

October 13, 2024    

Tenant in a 421-a building complained that landlord failed to offer him a rent-stabilized renewal lease. Tenant had lived in the apartment since 1976. The DRA ruled for tenant and directed landlord to offer a renewal...

DHCR Reasonably Ruled That Landlord Substantially Rehabbed Building

September 23, 2024    

In 2018, landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on a substantial rehabilitation of the premises performed in 1995.

Recent Amendments to Rent Fraud Provisions Not Applied Retroactively to 2019 Complaint

September 23, 2024    

Tenant complained to the DHCR in August 2019 of rent overcharge and fraudulent deregulation of his apartment. Landlord answered that the apartment was lawfully deregulated when the rent reached $2,500 in 2011, that...

Apartment in Building Under HPD Regulatory Agreement Was Subject to Rent Stabilization

September 22, 2024    

Tenant filed a lease violation complaint with the DHCR, claiming that landlord refused to offer him a rent-stabilized renewal lease. Tenant pointed out that he had received rent-stabilized leases from landlord in the...

Apartment Vacancy-Deregulated in 2013 Was No Longer Subject to Overcharge Claim

September 19, 2024    

(Decision submitted by Mary D. Milone of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Apartment Became Vacancy-Deregulated in 2010

September 19, 2024    

(Decision submitted by Mary D. Milone of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins and Goidel, P.C., attorneys for the landlord.)

Court Permits Discovery of Rent Records Back to 2006

August 27, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent based on tenant's failure to pay monthly rent of $3,200. Tenant, represented by counsel, claimed that the building didn't have a proper...