NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

DHCR's Finding of No Rent Overcharge Upheld as Rational and Based on Record

January 24, 2025    

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. The DHCR ruled against tenant, finding no overcharge and that landlord had registered the unit as rent stabilized. Tenant then...

DHCR Must Go Back More Than Four Years to Calculate Legal Rent in Pre-HSTPA Case

January 24, 2025    

Rent-stabilized tenant applied to the DHCR for a calculation of the legal regulated rent for his apartment. The DRA ruled in 2020 that the legal rent was $1,161.90 per month at the expiration of the most recent...

Court of Appeals Upholds Prevention of Luxury Deregulation After June 14, 2019 Despite Pre-HSTPA Deregulation Orders

January 24, 2025    

In separate DHCR proceedings, landlord applied for high-rent/high-income deregulation of three rent-stabilized apartments. In each case, the DRA issued an order of deregulation prior to June 14, 2019, which each...

Landlord Wasn't Required to Serve Termination Notice on Subtenant

December 20, 2024    

Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment. Tenant apparently had moved out, but the subtenant asked the court to dismiss the case. He claimed that he wasn't served with...

Condo Board Not Responsible for Smoke Condition in Unit Owner's Apartment

December 20, 2024    

Plaintiff, a condo unit owner, sued landlord condominium corp. and its board of managers for nuisance and breach of contract. Beginning in 2015, plaintiff noticed a significant smoke condition in his unit and on the...

Appeals Court Upholds Water Usage Provision in Lease

December 20, 2024    

Landlord sued building tenants, seeking a declaration concerning water use at the building. The court denied landlord's motion for summary judgment and granted tenants' motion declaring that the parties'...

HPD's Placement of Landlord's Buildings in Heat Sensor Program Upheld

December 20, 2024    

HPD directed inclusion of 10 buildings owned by landlord in the Heat Sensor program, which was created under Local Law 18 of 2020 and which required selected landlords to install internet-capable heat sensors to...

Trial Needed to Determine If Landlords Are Responsible for Tenant's Slip and Fall

December 20, 2024    

Tenant sued landlords for negligence after he slipped and fell on steps outside the house rented from them. Tenant had testified that when he returned home on Feb. 1, 2022, at 4:30 p.m., the steps were clear and...

Landlord's Default Notice to Co-op Shareholder Based on Barking Dog Wasn't Defective

December 20, 2024    

Landlord cooperative corporation sued to evict shareholder tenant based on "excessive and disturbing noise" coming from tenant's apartment, which resulted from tenant's failure to control her dog...

Retroactive Renewal Lease Offer to Martin Act Tenant Was Invalid

December 20, 2024    

Landlord, a cooperative sponsor and proprietary lessee, sued to evict the tenant of its sponsor-owned co-op apartment, claiming that the unit was subject to the Martin Act but not to rent stabilization and that...

Good Cause Eviction Law Creates New Cause of Action Combining Nonpayment and Holdover Grounds

December 20, 2024    

Landlord sued to evict tenant after a 90-day nonrenewal notice expired, and claimed that it wasn't renewing the lease because tenant owed more than $30,000 in back rent. The case was commenced after the Good...

Nonpayment Proceeding Dismissed Because Building in Violation of C of O

December 20, 2024    

Landlord sued to evict rent-stabilized tenant in 2022 for nonpayment of rent. The case was stayed for some period while tenant sought ERAP funding. After partial arrears were covered by ERAP, landlord got the case...