On Demand

Rent Stabilization Master Class: High Rent Vacancy Deregulation and Rent Overcharge Issues in Rent Stabilized Apartments in NYC

1h 48m

Created on May 21, 2021





In this class, attorneys will learn some higher-level concepts in New York State Rent Stabilization Law. We will start the class by laying the groundwork on the basic things that landlords and tenants fight about in the realm of Rent Stabilization – Illegal Deregulation and Rent Overcharge. Then we introduce the game changing Housing Stability and Tenant Protection Act of 2019 (HSTPA) and the extremely important Court of Appeals case of Regina v. DHCR, which interpreted the HSTPA. From there, we take a deep dive into the exploration of a year's worth of case law and questions that have confronted landlord and tenant attorneys since Regina. If you intend to work on a case involving Rent Stabilization coverage or overcharge, this is a class you cannot miss. 

Learning Objectives:

  1. Analyze High Rent Vacancy Deregulation and Rent Overcharge issues in Rent Stabilized apartments, from either a landlord's or tenant's perspective

  2. Clarify whether a problem in a Rent Stabilized apartment's rent history is indicia of fraud, triggering a four-year look back

  3. Distinguish between the Rent Stabilization concepts of willfulness on an overcharge claim and fraud on a deregulation claim

  4. Identify the "base date" for purposes of setting a legal rent under Rent Stabilization; or, in the alternative, recognize when a court or the DHCR might resort to using the "default method"

  5. Make a motion for discovery (or defend against one) in a Rent Stabilization coverage case

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