NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Appeals Court Awards Attorney Fees to Tenant's Lawyers Based on Dismissal of Landlord's Claim

July 26, 2023    

Landlord sued attorneys who represented a tenant in its building that landlord had recently acquired. Landlord claimed that the attorneys made statements to media concerning landlord's alleged harassment of the...

Court Revokes DHCR Ruling That Apartment Was Vacancy-Deregulated

July 26, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation. The DRA ruled for tenant and ordered landlord to refund $6,150, including triple damages. Landlord appealed, and the DHCR revoked the DRA...

DHCR Properly Limited Attorney Fees Awarded to Tenants in Regina Case Rent Recalculation

July 26, 2023    

Tenants signed a two-year unregulated lease in August 2005 at an initial rent of $5,195 per month. Landlord had removed the apartment from rent stabilization in 2003 under high-rent vacancy deregulation provisions of...

Court Upholds DHCR Ruling That Apartment Wasn't Vacancy Deregulated

July 26, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the unit had been vacancy deregulated and the base date rent was $2,500. Tenant...

Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal

July 26, 2023    

Landlord sued to evict tenant in housing court for nonpayment of rent. In that prior proceeding, landlord obtained a judgment for rent owed in the amount of $45,100, and tenant moved out of the unit. Landlord then...

Court Rules DHCR's Application of HSTPA Amendments to Pending MCI Applications Was Improper

July 26, 2023    

(Decision submitted by David B. Cabrera and Phillip Billet of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., who represented the landlord.)

Four-Year Statute of Limitations Applied to Pre-HSTPA Overcharge Claims

June 28, 2023    

Building tenants sued landlord, claiming rent overcharge damages. In the class action suit, the court ruled that: (a) tenants were entitled only to damages that occurred prior to the filing of their complaint; (b)...

Landlord Properly Applied MCI Rent Increase Approved by DHCR

June 28, 2023    

Rent-stabilized apartment tenants sued landlord claiming that landlord sought improper application of MCI rent hikes granted by the DHCR. The court denied tenants' request for a ruling in their favor without...

Illegal Sublet Case Involving Family Members Without Profiteering Dismissed

June 28, 2023    

Landlord sued to evict rent-stabilized tenants and apartment occupants for an illegal sublet or assignment of the apartment without prior written consent by the landlord. Landlord claimed that the two tenants had...

Landlord's Predicate Notices Didn't Support Claim

June 28, 2023    

Landlord sued to evict rent-stabilized tenant and apartment occupants based on tenant's failure to cure a breach of her lease agreement and Affordable Housing Program regulations by allowing unauthorized...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 28, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the predicate rent demand was defective. The court ruled for tenant. The rent demand indicated a lump...

Tenant Remained Rent Stabilized After Building's J-51 Tax Benefits Expired

June 28, 2023    

Tenants sued landlord, claiming they were rent stabilized. The building had received J-51 tax benefits, which expired on June 30, 2009. One tenant moved into her apartment on Dec. 1, 2008, under a rent-stabilized...