NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Properly Looked Back More Than Four Years to Assess Claim

March 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant was unregulated. But tenant claimed that he was subject to rent stabilization and challenged the deregulated status of the apartment...

Tenant's Nephew May Have Been Accepted as Tenant

March 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. It was undisputed that tenant had moved out of the apartment, and he didn't appear in court. But apartment occupant claimed succession...

Registration Records Show Rent Never Reached Deregulation Threshold

March 27, 2018    

Landlord sued to evict tenant, claiming that tenant was an unregulated month-to-month tenant. Tenant claimed that she was rent stabilized and asked the court to dismiss the case. The court ruled for tenant. Landlord...

NYCHA Tenant's Son Can't Get Apartment After Tenant Died

March 27, 2018    

NYCHA tenant's son filed an Article 78 court appeal of NYCHA's decision denying him succession rights to tenant's apartment after tenant died. The court ruled against the son, finding NYCHA's decision...

DHCR Properly Reconsidered Overcharge Finding Based on Irregularity in a Vital Matter

March 19, 2018    

Tenant complained to the DHCR of rent overcharge and challenged the rent set for his apartment by HPD. The DHCR ruled for tenant but later ruled against another tenant in the same building who made an identical claim...

DHCR Correctly Found Rent Overcharge Based on 1996 Rent Reduction Order

March 19, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and found an overcharge based on outstanding rent reduction orders for the apartment dated Oct. 9, 1996, and July 7, 1997. Landlord...

Landlord Can't Enforce Eviction Warrant After Later Signing Renewal Lease by Mistake

March 18, 2018    

Landlord sued to evict rent-stabilized and subsidized tenant for entering into at least 15 short-term rentals of her apartment at a rate of $350 per night. Tenant's monthly rent was $546. Landlord and tenant...

Tenant's Mother Can't Get Rent-Stabilized Apartment

March 18, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant and his mother, who claimed succession rights, appealed and lost. It was undisputed that tenant began...

Landlord Seeks to Recover All Apartments in Building for Owner Occupancy

March 18, 2018    

Landlord sued to evict rent-stabilized tenant for owner occupancy of tenant's apartment. Tenant asked the court to dismiss the case, claiming that landlord's lease nonrenewal notice was insufficient. The...

Landlord Improperly Deregulated and Overcharged Tenant of Hotel-Stabilized Apartment

March 14, 2018    

Tenant sued landlord, claiming rent overcharge and that his hotel-stabilized apartment had been improperly deregulated. Tenant moved into the apartment in 2012 and paid $3,600 per month under an unregulated lease....

Tenant Can't Prove Nine-Month Absence from Apartment Was for Medical Reasons

March 14, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost, then appealed to a higher court that again ruled against tenant. The trial...

DHCR Disallowed Rent Increase for IAIs After Inspection

March 14, 2018    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and awarded triple damages. Landlord then filed an Article 78 court appeal. The court ruled against landlord, who appealed and lost. The...