NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

DHCR Reasonably Applied Default Formula to Set Base Date Rent

November 22, 2017    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and applied its default formula to set the base date rent. Landlord filed an Article 78 court appeal and lost. Landlord didn't...

Tenant's Rent Subsidy Terminated Based on Criminal Drug Activity

November 22, 2017    

HPD terminated tenant's Section 8 rent subsidy after finding that a member of tenant's household engaged in drug-related criminal activity from the apartment and that tenant was aware of it. Tenant then filed...

Tenant's Mother Claims Loose Handrail on Staircase Caused Fall

November 22, 2017    

Tenant's mother sued landlord for negligence after she slipped and fell on an exterior concrete stairway of a two-family house. She said that the handrail moved, causing her to fall as she walked down the stairs...

Prior Registered Rent Was More Than Rent Charged to Tenant

November 20, 2017    

Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for landlord without a trial. Tenant appealed and lost. Tenant stopped paying rent in October...

Tenant Proved Building Contained at Least Six Apartments

November 20, 2017    

The DHCR determined that tenant was rent stabilized because the apartment building he lived in contained at least six apartments before 1974. Landlord filed an Article 78 petition, claiming that the DHCR's...

Landlord Can Evict Tenant for Objectionable Conduct

November 20, 2017    

Landlord sued to evict tenant for committing a nuisance. The court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that tenant engaged over a period of years in a pattern of objectionable...

Tenant Gets 31 Percent Rent Abatement for Apartment Conditions

November 20, 2017    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part but gave tenant a rent abatement of $808 and awarded landlord the net sum of $1,834. Landlord appealed and lost. The court...

Was Building Legally Converted to Fewer Than Six Apartments?

November 20, 2017    

Landlord sued to evict unregulated tenant. Tenant claimed that she was rent stabilized. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. There were issues of fact as to...

DOB Violation Proved Building Contained at Least Six Units

November 20, 2017    

Landlord sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized. The court ruled for tenant and dismissed the case. Tenant claimed that there were six apartments in the pre-war building when...

Appeals Court Reverses Order to Restore Tenant to Possession

November 20, 2017    

Landlord sued to evict unregulated tenant for nonpayment of rent. The parties signed a settlement agreement in court. Tenant agreed to pay the $8,000 rent arrears by a certain date or be evicted. Tenant was later...

Occupant Can't Prove Succession Rights

November 20, 2017    

Landlord sued to evict rent-stabilized tenant and apartment occupant after landlord discovered that tenant had moved out of the apartment. The occupant claimed succession rights. The court ruled against occupant, who...

Court Incorrectly Set Damages for Breach of Warranty of Habitability

November 20, 2017    

Tenant sued landlord for breach of the warranty of habitability. The court ruled for tenant and awarded her damages equal to a refund of 35 months of paid rent. Landlord appealed, and the case was reopened. Tenant...