UNIT/BUILDING NOT COVERED

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...

DHCR Decision That Apartment Had Been Deregulated Upheld by Appeals Court

July 25, 2024    

Tenant complained to the DHCR of improper deregulation of his apartment and rent overcharge. The DHCR ruled against tenant, finding that the apartment had been vacancy deregulated more than six years before the base...

Apartment in Building Under HPD Regulatory Agreement Was Mistakenly Registered with DHCR

July 22, 2024    

Tenant complained to the DHCR that landlord failed to offer her a renewal lease on the same terms and conditions as the expiring lease. The DRA terminated the proceeding, finding it had no jurisdiction because the...

Former Mitchell-Lama Building, with C of O Issued in 1980, Wasn't Subject to Rent Stabilization

June 24, 2024    

Tenant complained to the DHCR of rent overcharge. She claimed that the building had been subject to the Mitchell-Lama program and, upon dissolution, landlord improperly set the fair market rent by 120 percent. The...

Court Finds Newburgh's Adoption of ETPA Null and Void

April 25, 2024    

After the City of Newburgh adopted rent stabilization coverage under the ETPA on Dec. 18, 2023, a group of property owners sued the city and the DHCR, seeking a declaration that Newburgh's adoption of the ETPA...

Apartment Was Properly Deregulated After J-51 Tax Benefits Expired

April 24, 2024    

Tenant who had moved into his apartment in 2016 complained to the DHCR of rent overcharge and improper apartment deregulation in 2020. The DRA ruled against tenant, finding that the apartment was lawfully deregulated...

Former Hospital Employee Living in Hospital's Building Wasn't Entitled to Rent-Stabilized Lease

April 22, 2024    

An apartment occupant complained to the DHCR that landlord refused to give her a rent-stabilized lease. The DRA ruled against occupant, finding that she initially occupied the apartment as an incident to her...

Former Hospital Employee-Occupants Didn't Become Rent Stabilized After Employment Ended

March 25, 2024    

Apartment licensee Joseph complained to the DHCR of rent overcharge. The DRA terminated the proceeding because the licensee's initial occupancy was contingent upon her employment with Maimonides Medical Center (...

Landlord Proved High-Rent Vacancy Deregulation of Apartment Occurred in 2018

February 21, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge and improper apartment deregulation in April 2019. Landlord claimed that there was no overcharge and that the unit had been vacancy-deregulated when...

Tenant under HPD Regulatory Agreement in HDFC Building Wasn't Subject to Rent Stabilization

December 19, 2023    

Tenant complained to the DHCR of rent overcharge in 2022. Tenant moved into the apartment in 2020 and his initial vacancy lease included an HPD Permanently Affordable Inclusionary Housing Program Rider stating that...