NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord of Purported Co-op Unit Fails to Prove Apartment Exempt from Rent Regulation

April 26, 2023    

Landlord, claiming that she was a co-op building shareholder, sued to evict an unregulated tenant of an apartment after terminating the tenancy. Prior to trial, tenant asked the court to stay the eviction proceeding...

Tenant Can Raise Rent Fraud Claim in Response to Nonpayment Petition

April 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. At some point after initially answering the petition, tenant retained an attorney, who amended tenant's answer. The attorney later asked for...

Tenants Can Proceed with Overcharge Claims Based on Improper Rent Concessions

April 26, 2023    

Tenants sued landlord, claiming that landlord improperly manipulated the initial legal regulated rents of apartments in a 421-a building by offering tenants rent concessions. The court denied landlord's motion to...

Court Denies Landlord's Request to Lift ERAP Stay in Nonpayment Proceeding

April 26, 2023    

Landlord sued to evict tenant for nonpayment of rent in December 2019.  in February 2020, the parties, both represented by attorneys, signed a so-ordered settlement stipulation for $10,297 in back rent with...

Landlord's Installation of Gas Piping in Tenant's Apartment Reduced Required Services

April 26, 2023    

Rent-stabilized tenant complained to the DHCR that installation of gas piping in her living room reduced required services because the installation was done in an unworkmanlike manner and reduced her total apartment...

DHCR Properly Found That Tenant's Apartment Had Been Vacancy Deregulated Before April 1, 1997

April 26, 2023    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment at the Chelsea Hotel. The DHCR ruled against tenant, who then filed an Article 78 court appeal of the agency's decision...

Tenant Proved Building Had at Least 6 Apartments and Was Rent Stabilized

April 26, 2023    

Landlord sued to evict tenant, claiming that tenant was unregulated because the apartment building contained less than six residential units. Tenant claimed that he was rent stabilized. The building was constructed...

Federal Court Finds No Fifth Amendment Taking of Property Resulting from HSTPA

April 26, 2023    

A group of landlords owning rent-stabilized buildings in New York City sued the city, the NYC Rent Guidelines Board, and the DHCR in federal court. They claimed that the HSTPA effected, both on its face and as-...

DHCR Properly Found That Apartment Was Properly Vacancy-Deregulated

April 26, 2023    

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that her rent wasn't subject to rent stabilization. The DHCR denied  tenant's appeal, finding that the DRA had...

DHCR's Application of HSTPA Abolishment of Luxury Deregulation Provisions Was Rational

April 26, 2023    

Landlord applied to the DHCR on May 29, 2018, for a ruling that tenant's rent-stabilized apartment was subject to high-rent/high-income deregulation.  On Nov. 13, 2019, the DRA denied landlord's...

DHCR Properly Relied on 1989 Rent Reduction Order to Find Rent Overcharge

April 26, 2023    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,517, including interest. Landlord appealed to the DHCR and lost. Landlord then filed an Article 78...

Addition of Private Stairway in Hallway Reduced Essential Services for Tenant

April 26, 2023    

Rent-stabilized tenant complained to the DHCR of a reduction in essential services based on reduction in the size of the building lobby and second-floor landing, which landlord modified to accommodate a private...