NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Harassment Claim in HP Proceeding Was Distinct from DHCR Harassment Complaint

January 20, 2022    

Tenant sued landlord and its managing agent in an HP proceeding, claiming that they had engaged in harassment in violation of NYC Admin. Code Section 27-2005(d). Among other things, tenant said that, after the DHCR...

Court Grants HPD $244,500 in Penalties Against Landlord for Hot Water Violations

January 19, 2022    

HPD sued landlord, seeking a court order directing landlord to correct three "C" violations HPD had issued at the building based on a lack of hot water, as well as civil penalties in the amount of $244,500...

Landlord Must Repair Apartment Conditions Even While Nonpayment Claim Delayed

January 19, 2022    

Landlord sued to evict ETPA tenant for nonpayment of rent in December 2019. In February 2020, tenant filed a court form listing living conditions needing repair (the "court's living conditions form")....

Tenant Moved Out Too Late to Get Stipulated Buyout Payment

January 19, 2022    

Landlord sued to evict tenant. The parties settled the case, and a court-ordered stipulation provided for entry of a final judgment of possession in landlord's favor, a stay on the execution of the eviction...

Court Bans Tenant's Disruptive Visitor from Building

January 19, 2022    

Landlord sued tenant, seeking to stop tenant and his frequent guest from creating a nuisance in its apartment building. In December 2020, the court granted landlord's request for a preliminary injunction...

Court Dismisses Tenant Challenge to Landlord's FDCPA Notice

December 22, 2021    

Landlord sued tenant for $47,500 in rent arrears. Before serving court papers, landlord sent tenant a rent demand signed by landlord's attorney, which included a prominent notice that landlord's attorneys...

Court Orders Hearing on Landlord's Challenge to Tenant's Hardship Declaration

December 22, 2021    

Landlord sued to evict tenant in late 2019 through a "no cause" holdover proceeding after serving a 30-day tenancy termination notice. Landlord and tenant signed a so-ordered settlement stipulation,...

Landlord Didn't Submit Proof of Financial Ability to Complete Demolition

December 22, 2021    

In 2019, landlord filed a demolition application with the DHCR, seeking permission to refuse to renew the lease and to proceed for eviction against the last remaining rent-stabilized tenant in its apartment building...

Tenant Can't Add Groundless Harassment Claim to HP Petition

December 22, 2021    

Tenant sued landlord and HPD in housing court, seeking repairs of certain conditions. Tenant later asked permission to amend her complaint to include other repair items and to add harassment claims. The court ruled...

Federal Court Denies Preliminary Injunction Against Amended Hardship Declaration Law

December 22, 2021    

A group of landlords challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The District Court ruled against plaintiff-landlords, who then filed an appeal to the...

Overcharge Claim Based on Rent Concessions Given at Time of Initial 421-a Rentals

December 22, 2021    

Tenants in a 421-a building sued landlord, claiming rent overcharge. Tenants argued that landlord engaged in a "preferential rent" ruse by charging initial 421-a program rents at rates lower than the...

DHCR Reasonably Set a First Stabilized Rent for SRO Unit

December 22, 2021    

An SRO tenant became subject to rent stabilization in 2015, when a court granted tenant's illegal lockout petition and found that he qualified as a permanent tenant entitled to rent stabilization protection at...