UNIT/BUILDING COVERED

Court Applies Law Retroactively to Find Apartment Was Improperly Deregulated

January 17, 2018    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that he was rent stabilized and had been overcharged. The court ruled for tenant. Rent Stabilization Law (RSL) Section 26-511...

Former Rent-Controlled Apartment Was Vacancy Deregulated

January 16, 2018    

Tenant complained of rent overcharge. Landlord claimed that the apartment had been deregulated. The DHCR ruled for tenant, and landlord filed an Article 78 court appeal. The court ruled against landlord and found...

Building with Two Illegal Apartments Was Rent Stabilized

December 20, 2017    

Landlord sued to evict unregulated tenant from a three- to five-family home. Tenant claimed that he was rent stabilized and asked the court to dismiss the case because the building actually contained six apartments....

Tenant in House Illegally Converted to More Than Six Units Is Rent Stabilized

December 19, 2017    

Landlord of two-family house sued to evict unregulated month-to-month tenant. The court ruled for landlord upon inquest after tenant failed to appear in court. Tenant later asked the court to reopen the case and...

Improperly Deregulated Apartment Remained Subject to Rent Stabilization

November 28, 2017    

Tenant complained of rent overcharge and that her apartment was improperly deregulated while landlord received J-51 tax benefits. Tenant moved into the apartment in June 2013 at a monthly deregulated rent of $2,150....

Tenant Proved Building Contained at Least Six Apartments

November 20, 2017    

The DHCR determined that tenant was rent stabilized because the apartment building he lived in contained at least six apartments before 1974. Landlord filed an Article 78 petition, claiming that the DHCR's...

DOB Violation Proved Building Contained at Least Six Units

November 20, 2017    

Landlord sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. Tenant claimed that there were six apartments in the pre-war building when...

Occupant Was Hotel-Stabilized Tenant

November 20, 2017    

Landlord sued to evict occupant of hotel-stabilized unit. The court ruled for landlord. Occupant appealed and won. Landlord admitted that the unit was hotel-stabilized. Trial evidence showed that occupant had lived...

Building Rent Stabilized Through Funding from DHCR Housing Trust Fund Corporation

October 30, 2017    

The DRA found that landlord's 69-unit Yonkers building was subject to rent stabilization under the ETPA. Landlord appealed, claiming that construction of the building was completed in 2007, that the building...

Tenant Who Wouldn't Sign Lease Is Still Rent Stabilized

October 28, 2017    

Landlord sued to evict tenant, claiming that tenant was unregulated, after sending tenant a 30-day termination notice. Tenant claimed that he was rent stabilized and asked the court to dismiss the case. The court...

Pre-War Building with Sixth Illegal Apartment Was Rent Stabilized

September 27, 2017    

Landlord sued to evict month-to-month tenants, claiming that the building was unregulated. Tenants claimed that the building was rent stabilized and asked the court to dismiss the cases. The court ruled for tenants,...

First Tenant After Base Date Vacancy Was Rent Stabilized

September 24, 2017    

On March 31, 2011, tenant complained to the DHCR of rent overcharge and claimed that his apartment was improperly deregulated. Tenant moved into the apartment in April 2007 at a stated monthly rent of $2,000 and a...