UNIT/BUILDING NOT COVERED

Appeals Court Dismisses Tenant's Claim of Fraudulent Apartment Deregulation

November 25, 2024    

Tenant sued landlord, claiming fraudulent removal of his apartment from rent regulation in 2009 and a related rent overcharge between 2021 and 2022. Landlord asked the court to dismiss tenant's claim without...

Apartment Was Vacancy-Deregulated in 2009 Based on Gut Renovation

November 25, 2024    

Tenant complained to the DHCR in August 2019 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2009. Tenant appealed and lost....

Landlord Proved Apartment Was Lawfully Deregulated in 2010

November 25, 2024    

Tenant complained to the DHCR in 2023 of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the unit had been properly deregulated in 2010 when the legal rent...

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

November 24, 2024    

Tenant moved into her apartment under a market-rate lease in 2021. In 2023, she filed a rent overcharge complaint with the DHCR, claiming improper deregulation of her unit. The DRA ruled against tenant. The apartment...

DHCR Can't Decide Tenant's Claim That Unit's Co-op Exemption Was Invalid

November 24, 2024    

Tenant complained to the DHCR in 2021 of rent overcharge. The DHCR consolidated that complaint with three lease violation complaints also filed by tenant. The DRA ruled that tenant's apartment wasn't subject...

Building Constructed Before 1974 and Rehabbed Wasn't Subject to Rent Stabilization

November 24, 2024    

Building tenants applied to the DHCR for a determination of the building's rent regulatory status. They claimed that the building was built before 1974, contained at least six units, and was rehabilitated with...

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...

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 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.)

Landlord Proved Apartment Was High-Rent Vacancy Deregulated Before 2019

August 26, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DRA ruled against tenant, finding that landlord showed it had a right to deregulate the apartment when the rent level...

Insufficient Grounds for Tenant's Fraudulent Deregulation Claim

July 26, 2024    

Tenant sued landlord, claiming that landlord had fraudulently raised his apartment rent in January 2001 to remove the unit from rent stabilization through vacancy deregulation. Tenant also claimed that there was a...