The Second Department upheld DHCR’s denial of a rent-stabilization exemption because the owner failed to prove serious deterioration and replacement of 75% of building systems.
The First Department remitted a rent-overcharge case so the trial court can apply the revised common-law and statutory fraudulent-deregulation standards together.
The First Department upheld DHCR’s use of Operational Bulletin 95-2 and its rejection of conclusory proof for a claimed 1980s substantial-rehabilitation exemption.
The Second Department allowed tenants to amend a rent-overcharge class action to pursue the default formula under a newly supported regulatory theory.
The First Department imposed liability for eight apartments knowingly deregulated after Roberts and ordered a fraud trial over 23 pre-Roberts deregulations.