NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Default Formula Can't Be Used in Overcharge Case Involving 78 Tenants in J-51 Building

April 26, 2023    

Building tenants brought a class action against landlord, seeking a declaration that they were subject to rent stabilization and that their legal regulated rents should be calculated according to Rent Stabilization...

Court Will Reconsider Whether Rent Concessions for Initial 421-a Tenants Were Improper

March 27, 2023    

Rent-stabilized tenants of landlord's building together sued landlord claiming rent overcharge. Their building was constructed between 2014 and 2016 and was enrolled in the RPTL 421-a tax benefit program. Tenants...

Mitchell-Lama Tenant's Niece Failed to Prove She Had Succession Rights

March 27, 2023    

The niece of a Mitchell-Lama tenant claimed succession rights after tenant died. HPD ruled against the niece after holding a hearing. The niece then filed an Article 78 court appeal of HPD's decision and lost....

Court Strikes Tenants' Untimely Jury Demand in Eviction Case

March 27, 2023    

Landlord sued to evict tenants after terminating their month-to-month tenancy by 90-day notice. At some point, tenants filed a jury demand for trial. Landlord claimed that the demand was untimely and asked the court...

No ERAP Stay Applies in Eviction Proceeding Based on Tenant Nuisance

March 27, 2023    

Landlord terminated tenant's tenancy in May 2022 based on claimed illegal, objectionable, and nuisance conduct due to trading or selling drugs and stolen goods, permitting people access to the building for such...

Landlord Must Refund Full Disputed Security Deposit

March 27, 2023    

Former tenant of a condominium unit sued landlord in small claims court, claiming that landlord failed to return tenant's $10,000 security deposit after tenant moved out on March 26, 2021. Landlord disputed the...

Court Won't Vacate ERAP Stay Where Lease Not Renewed But No Eviction Warrant Yet Executed

March 27, 2023    

Landlord sued to evict unregulated tenant in 2013, after landlord didn't renew tenant's lease and terminated her tenancy. Tenant claimed she was rent stabilized, and the case was stayed while the DHCR...

Court Vacates Stay of Tenant's ERAP Application, Filed After Eviction Warrant Issued

March 27, 2023    

Landlord sued to eject tenant in a State Supreme Court action, stating that tenant's lease had expired on April 30, 2021, and that tenant failed to sign an offered renewal lease. In November 2022, the court ruled...

New Trial Needed on Landlord's Nonprimary Residence Claim

March 27, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for tenant and dismissed the case. Landlord appealed and won. At trial, tenant testified that he became ill while on a...