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 Liable For Charter School’s Rent

City DOE refused to pay costs to renovate charter school’s rental space. The Education Law requires the City Department of Education, upon the request of a charter school, to provide the charter school with a co-location in a New York City public school for no charge, or to reimburse a charter school for its “actual rental cost” if the charter school is required to rent at a new location in New York City.

Landlord Without Certificate of Occupancy Denied Rent

Building Owner added apartments and lacked new certificate of occupancy. GVS Properties LLC owned a 10-story residential building at 600 West 161st Street in Manhattan. In 1970, GVS Properties received a certificate of occupancy that permitted 53 apartments in the building. In 2014 GVS Properties applied for a certificate of occupancy to validate alterations to the building which had increased the number of apartments to 60. Buildings refused to grant the certificate of occupancy because … <Read More>