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The Rent Regulation Reform Act of 1993 provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold (originally $175,000, now $250,000). When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold? The Court of Appeals recently addressed that issue in Matter of Brookford, LLC v. New York State Division of Housing and Community Renewal (DHCR), [citation], and held that only the income of the resident spouse should be counted. While resolving one basic issue, the court’s opinion leaves some peripheral issues unresolved.
By Mark Hakim
On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the “Housing Stability and Tenant Protection Act of 2019.” The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York’s rent regulation laws, which proponents say will ensure that New York’s tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.
40-Year Lease Invalid
Cancellation of Satisfaction Denied
Questions About Meeting of Minds
Statute of Limitations Bars Foreclosure Action
Mortgage Acceleration Revoked
Deed Valid When Not Intended As Security for Mortgage Debt
Specific Performance Denied for Failure to Show Ability to Close
Award of Contingent Attorney’s Fees