NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Challenges Application of Default Formula to Rent Overcharge Claims

March 27, 2025    

Tenants lived in a building that was subject to HUD oversight until April 12, 2011, when the building became subject to the Rent Stabilization Law. Under landlord’s Use Agreement with HUD, tenants who had been...

Newly Created Apartment Was Never Deregulated

March 27, 2025    

Landlord sued to evict tenant it claimed was unregulated. Tenant claimed that she was rent stabilized, that her apartment had been improperly deregulated, and that she had been overcharged.

Landlord Must Pay Back Rental Assistance Issued in Error by OTDA LRAP Program

March 26, 2025    

Landlord applied to the state's Office of Temporary & Disability Assistance (OTDA) in 2021 for rent payment covering tenant's apartment under the Landlord Rental Assistance Program (LRAP). This program...

Appeals Court Upholds DHCR's Decision that On-Time Discounted Rent Was Improper Late Charge

March 26, 2025    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, finding that an on-time discounted rent provided for in tenant's lease wasn't a preferential rent but instead amounted to an...

Mitchell-Lama Tenant's Mother Fails to Prove Succession Rights

March 26, 2025    

After the tenant of an affordable housing unit under the Mitchell-Lama program moved out of his apartment, tenant's mother claimed succession rights. HPD denied the mother's succession request. Tenant's...

DHCR Properly Set On-Time Discounted Rent as Legal Regulated Rent

March 26, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge, and the DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable....

Appeals Court Reinstates Building's 7-A Administrator

March 26, 2025    

In 2022, a trial court appointed a 7-A administrator to operate landlord's building. In 2023, new landlord bought the building and asked the court to discharge the 7-A administrator, claiming that it was ready,...

Landlord's Termination Notice Sufficiently Supported Claim

February 26, 2025    

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant after serving a notice to cure and termination notice in 2023. Tenant asked the court to dismiss the case, claiming the termination notice didn't...

Attorney Sanctioned in Housing Court for Offensive Speech Directed at Judge

February 26, 2025    

Landlord, represented by an attorney, sued to evict tenant. Tenant was evicted in October 2024 and then filed an Order to Show Cause the same day, seeking restoration to the apartment. The court scheduled argument...

Chelsea Hotel Tenants Must Provide Access for Fire Safety System Installation

February 26, 2025    

Landlord of a residential hotel sued certain building tenants in 2022, seeking an order requiring them to provide access so that landlord could complete installation of a building-wide life and fire safety system....

Additional Five Days Not Required for Mailing of 14-Day Rent Demand

February 26, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't allow for an additional five days with a 14-day rent demand before...

Shareholder-Tenant Can Hold Monthly Fees in Escrow Pending Result of Case

February 26, 2025    

A cooperative shareholder-tenant sued landlord co-op corporation due to claimed leaks, mold, and lack of heat in her unit. The court granted tenant an initial preliminary injunction, based on her likelihood of...