NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

Tenants in 421-a Building Claiming Rent Concessions Caused Overcharges Can Pursue Class Action

January 29, 2023    

Current and former tenants sued landlord for improper deregulation, seeking rent-stabilized leases and rent overcharge refunds. The building was subject to rent stabilization under the RPTL 421-a tax benefit program...

Tenant Can't Vacate Prior Tenant's Settlement with Landlord Establishing Rent

December 20, 2022    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Appeals Court Rejects Landlord Challenge to HSTPA Amendments Limiting IAI Rent Hikes

December 20, 2022    

Landlord sued the DHCR, claiming that the agency's post-HSTPA policies and procedures concerning individual apartment improvement (IAI) rent increases were improper. After HSTPA was enacted, landlords were...

Local Rent Guidelines Board Order Stayed Pending Outcome of Landlords' Challenge to Kingston's Adoption of ETPA

December 20, 2022    

A group of landlords, whose buildings were made subject to rent stabilization under the ETPA by the City of Kingston's new law in August 2022, sued the city, the city's Common Council, the city's new Rent...

Orange County Court Strikes City of Newburgh's Good Cause Eviction Law

December 19, 2022    

Several landlords together sued the City of Newburgh and sought a judgment declaring that Newburgh Local Law 6 of 2021 was invalid. Local Law 6 provided that no landlord could evict a tenant except for good cause as...

Tenant Entitled to Almost $74K for Rent Overcharge

November 25, 2022    

Tenant sued landlord for rent overcharge and fraudulently deregulating its entire building, including tenant's apartment. Landlord had deregulated tenant's apartment despite the fact that the building was...

Court Denies Landlord's Request to Vacate ERAP Stay

November 25, 2022    

Landlord sued to evict tenant in Ithaca City Court. Tenant then filed an ERAP application, which automatically stayed the case pending a ruling by the State Office of Temporary and Disability Assistance (OTDA) on...

No Negative Inference Drawn by Court Where Tenant Didn't Testify

November 25, 2022    

Landlord sued to evict rent-stabilized tenant for nonprimary residence, and named tenant's sister as an apartment occupant. After pretrial questioning, tenant surrendered possession of the apartment. Her sister...

Landlord Filed Affidavit of Service of Petition Late

November 24, 2022    

Landlord sued to evict tenant after terminating her month-to-month tenancy. Tenant applied for ERAP assistance and the case was stayed automatically pending a decision on the application by the NY Office of Temporary...