NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Disclose It Had Received LRAP Funds to Pay Tenant's Rent

January 30, 2023    

Landlord sued to evict tenant after tenant's lease expired. Attorneys for both sides signed a settlement stipulation in court. In that agreement, tenant agreed to move out at the end of September 2022. Tenant...

Landlord Who Provided Emergency Lighting During Power Outage Owed Duty of Care to Injured Tenant

January 30, 2023    

Tenant sued landlord for negligence. She was injured when she fell down a darkened stairwell in her senior apartment complex during a power outage, and broke both of her arms. Landlord asked the court to dismiss the...

Holdover Petition Dismissed Based on Insufficient Description of the Subject Apartment

January 30, 2023    

Landlord sued to evict tenant. Both the landlord's predicate notice and the petition referred to the premises as the "1st Flr." apartment although it was undisputed that tenant lived in the unit above...

DHCR Must Reconsider Whether MCI Based on Pointing/Waterproofing Was Depreciable

January 30, 2023    

(Decision submitted by Michele McGuinness, Esq. of the Manhattan Law Firm of Collins, Dobkin & Miller, attorneys for the tenants.)

Landlord Who Didn't Provide Water to Tenant's Apartment for 3 Years Was Fined $9,000

January 30, 2023    

Tenant sued landlord in an HP proceeding, seeking correction of violations. Tenant testified that she hadn't had water in her apartment for more than three years, and that there was also an infestation of mice...

Court Can't Award Money Judgment for Back Rent Because Tenant Had Moved Out

January 30, 2023    

Landlord sued to evict tenant for nonpayment of rent. At some point while the case was pending, tenant moved out and surrendered possession of the apartment to landlord. Landlord then asked the court for a money...

Court Recalculates Rent Overcharge Findings Based on Default Formula

January 30, 2023    

Thirteen tenants sued landlord for rent overcharge and fraudulent deregulation of apartments in their building. In 2021, The court ruled for a number of the tenants, finding rent overcharges subject to the default...

Trial Required on Breach of Warranty of Habitability, Claims Based on Elevator Repairs

January 29, 2023    

Tenants sued landlord for fraud, breach of the warranty of habitability, and partial constructive eviction due to the building elevator being temporarily out of service. Tenants asked the court to rule in their favor...

New Tenant Can't Challenge Initial Rent-Stabilized Status or Rent After Vacancy Decontrol

January 29, 2023    

Tenant sued landlord, claiming that she was rent stabilized and that the apartment had been illegally decontrolled in 2000 when landlord and a prior apartment occupant reached a "private agreement"...

Can Landlord Withdraw Building from the Rental Market?

January 29, 2023    

Landlord asked the DHCR for permission to terminate the tenancy of the building's last rent-stabilized tenant in order to convert the entire building into a commercial premises to be used by a business that...

Landlord's Roof Deck Fee to Rent-Stabilized Tenants Was Reduction in Required Services

January 29, 2023    

Rent-stabilized tenant complained to the DHCR that landlord started imposing a service charge for roof deck access at its building even though this previously was a free amenity provided to all building tenants. The...

Landlord Didn't Comply with Rent Reduction Order that Froze Apartment Rent

January 29, 2023    

The DHCR's Tenant Protection Unit (TPU) commenced a rent overcharge complaint against a building's new landlord on behalf of one tenant, after conducting an audit of the building's rents and finances in...