SUBSTANTIAL REHABILITATION

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DHCR Makes No Regulatory Finding on Sub Rehab Application Withdrawn Without Prejudice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 Who Moved into Building After Sub Rehab Wasn't Rent Stabilized

May 22, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant shortly after the agency issued a separate order finding that the building was exempt from rent regulation due to substantial...

Landlord Didn't Replace 75% of Building Systems Needed to Prove Sub Rehab

May 22, 2023    

Landlord applied to the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation performed after Jan. 1, 1974. The DRA ruled against landlord, finding that landlord...

Landlord Proved Building Was Substantially Rehabbed After 2014 Fire

May 22, 2023    

Landlord applied to the DHCR in 2021 for a ruling that its building was exempt from rent stabilization based on substantial rehabilitation commenced in June 2015 and completed in 2020. The DRA ruled for landlord,...

Landlord Didn't Submit Sufficient Proof of Substantial Rehab

April 23, 2023    

The prior landlord of a Westchester County building asked the DHCR in 2019 for a ruling that its Mt. Vernon premises was exempt from rent regulation due to substantial rehabilitation. The DRA ruled against landlord...

Tenant Who Lived in Building Prior to Substantial Rehab Remained Rent Stabilized

April 23, 2023    

Landlord applied to the DHCR in 2019, seeking a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation completed in 2011. The DRA ruled for landlord in 2022 based on...

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

March 21, 2023    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to substantial rehabilitation. The DRA ruled against landlord, who appealed and lost. The DRA correctly found that the DOB...

Landlord Didn't Submit Sufficient Proof of Claimed Substantial Rehab

March 21, 2023    

Landlord applied for a ruling from the DHCR that its building was exempt from rent stabilization due to substantial rehabilitation. Landlord said that it bought the vacant building in 2021 and performed gut...

Building Rehabbed Under PHFL Program with HUD Financing Remained Rent Stabilized

March 21, 2023    

Landlord asked the DHCR for a ruling that its building was exempt from rent stabilization due to a substantial rehabilitation landlord claimed was completed between 1978 and 1981. The DRA ruled against landlord.