RENT STABILIZATION COVERAGE

Landlord Didn't Prove Building Had Been Substantially Rehabilitated

July 24, 2023    

Landlord applied to the DHCR for a determination that its building was exempt from rent stabilization based on a substantial rehabilitation performed to replace at least 75 percent of building systems, as required by...

Only 4 Out of 13 Building System Replacements Were Documented

July 24, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation performed in 2009 within the meaning of RSC Section 2520.11(e). The DRA ruled against...

DHCR Makes No Regulatory Finding on Sub Rehab Application Withdrawn Without Prejudice

July 24, 2023    

Landlord filed an application with the DHCR in August 2022, seeking a determination that its building was exempt from rent stabilization due to substantial rehabilitation. In January 2023, landlord requested that its...

Building That Was 25% Occupied When Work Began Didn't Qualify as Substantially Rehabbed

July 24, 2023    

(Decision submitted by David Hershey-Webb, Esq., of the Manhattan law firm of Himmelstein McConnell Gribben & Joseph LLP, attorneys for the tenants.)

Landlord Proves Building Was Substantially Rehabbed

July 24, 2023    

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

Tenant Remained Rent Stabilized After Building's J-51 Tax Benefits Expired

June 28, 2023    

Tenants sued landlord, claiming they were rent stabilized. The building had received J-51 tax benefits, which expired on June 30, 2009. One tenant moved into her apartment on Dec. 1, 2008, under a rent-stabilized...

Subtenant of Homeless Services Organization Not Subject to Rent Stabilization Protection

June 27, 2023    

In February 2019 landlord sued to evict unregulated tenant, Services for the Underserved, which was a not-for-profit organization that assisted people at risk for homelessness. Tenant advised the court that it wasn...

Apartment Neither Newly Created Nor Previously Temporarily Exempt

June 27, 2023    

Tenant sued landlord for rent overcharge and improper deregulation of his rent-stabilized apartment. Tenant moved into the unit in November 2007 and paid $2,250 per month in rent at all times since then. Landlord...

Landlord Proves Apartment Was Vacancy Deregulated with Proof of IAIs

May 23, 2023    

Tenant complained to the DHCR in 2018 of rent overcharge and claimed that landlord improperly deregulated the apartment in 2015.  Landlord claimed that the unit was legally deregulated as of Aug. 1, 2015, when...

Tenant Who Received No 421-a Lease Rider Notification Remains Rent Stabilized

May 23, 2023    

Landlord sued to evict tenant and claimed that tenant wasn't subject to rent stabilization because the building was constructed or substantially rehabilitated after Jan. 1, 1974. In response, tenant claimed that...

Court Finds DHCR Improperly Delayed Processing Deregulation Applications

May 23, 2023    

[Submitted by Jillian N. Bittner, Esq., of Horing Welikson Rosen & Digrugilliers PC, who represented the landlord.]

Landlord filed two separate applications with the DHCR, in 2017 and 2018,...

Moderate Income Program Tenant Under HFA Regulatory Agreement Wasn't Rent Stabilized

May 22, 2023    

Tenant complained of rent overcharge based on claimed illegal fees and surcharges. She moved into the unit in 2015, paid monthly rent of $1,108, and claimed she belonged to the Moderate Income Program. Landlord...