Sixth Unit Triggered Rent Laws

Owner of a five family house added unit intended for residential use. Nicolae Gogarnow, the owner of a five family house in Queens, lived on the first floor of the house. The house had five residential units, a commercial space that partially occupied the first floor, and an additional unoccupied space on the first floor.  Owner Gogarnow filed a petition to evict one of the tenants, Rosalia Silvia. Silvia defended by claiming that she had … <Read More>


Tenant Wins New Lower Base Rent

State used sampling method to set new base rent for studio improperly deregulated under luxury decontrol. The owner of a rental building at 160 East 84th Street, Manhattan, took advantage of the luxury decontrol provisions of the Rent Stabilization Law to deregulate a studio apartment. Subsequently, the New York Court of Appeals ruled that buildings like 160 East 84th Street were ineligible to take advantage of luxury decontrol because the building was also … <Read More>


Court Holds That Agency Rent Overcharge Calculation Violated Law

Landlord not responsible for more than four years of overcharged rent. On August 16, 2018, the Appellate Division for the First Department held that the landlord for 27 West 96th Street in Manhattan did not engage in a fraudulent scheme to evade the Rent Stabilization Law and therefore the New York State Division of Housing and Community Renewal (DHCR) had miscalculated the amount of overcharged rent that was due back to tenants.


City Mandatory Rental Terms Violated State Law

Rental Assistance program sought to establish lease renewal and limit rent increases based on rent stabilization regulations. In 2015, prospective tenants Regina Alston and Sandra Vaughn-Cooke inquired about apartment vacancies at Spring Creek Towers. Starrett City, Inc. owns Spring Creek Towers, located in the East New York neighborhood in Brooklyn. Spring Creek Towers is an apartment complex with 5,881 apartments. Alston and Vaughn-Cooke both had Living in Communities (LINC) rental vouchers. Starrett City, Inc. … <Read More>



Court of Appeals Rules Tenant’s West Village Apartment Is No Longer Rent-Stabilized

Post-vacancy increases included in calculation for rent stabilization deregulation. On April 26, 2018, the New York Court of Appeals held that vacancy increases are included in determining if the rent amount triggers deregulation of a rent-stabilized apartment. Richard Altman sued 285 West Fourth LLC, its landlord, asking the court to declare that his apartment is subject to rent stabilization and requiring the landlord to offer Altman a rent-stabilized lease. Rent stabilization provides tenants with rates … <Read More>