NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

DHCR's Finding That Buildings Were an HMD Wasn't a Final Ruling Subject to Appeal

February 14, 2022    

Three tenants filed rent overcharge complaints with the DHCR and claimed that they were rent stabilized. According to landlord, the DRA denied these complaints, but then three new complaints were filed, which the DRA...

Court Properly Awarded Damages Based on Landlord's Harassment of Tenants

February 14, 2022    

Tenants sued landlord in an HP enforcement proceeding, claiming harassment. The trial court ruled for tenants. Landlord appealed and lost. There was ample testimonial and documentary proof supporting the court's...

Landlord's Lawsuit Against DHCR for Post-HSTPA IAI Policy Change Dismissed

February 14, 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...

Landlord Didn't Forfeit Security Deposit Applied to Needed Apartment Repairs

February 14, 2022    

Landlord sued tenant for $12,000 in back rent owed between May and October 2020, as well as for $1,443, which was the amount in excess of the $17,000 security deposit that landlord spent to repair and restore the...

Pandemic Laws Can't Prevent Landlord from Immediate Abatement of Unsafe Conditions

January 26, 2022    

Landlord sued to evict ETPA tenant for nonpayment of rent, claiming tenant owed $6,800 in arrears. Tenant consented to admitting landlord to the apartment to make repairs while the case was pending. But tenant later...

Court Holds Landlord in Contempt for Failure to Make Repairs

January 21, 2022    

Landlord sued to evict tenants for nonpayment of rent. The parties settled the case in court. Landlord discontinued the nonpayment claim and agreed to make repairs in the apartment. Tenants later asked the court to...

Landlord Can't Transfer DHR Discrimination Complaint to State Supreme Court

January 21, 2022    

Tenant complained to the State Division of Human Rights (DHR) of housing discrimination by landlord based on source of income. The DHR found probable cause to go forward with consideration of tenant's claim and...

Fraud and Willful Overcharge Result in Refund Due Tenant for Over $200K

January 21, 2022    

Tenant sued landlord, claiming unlawful deregulation and rent overcharge. Landlord had given tenant an unregulated five-year lease when he moved into the unit in May 2003 at a monthly rent of $2,001. The apartment...

Landlord Didn't Harass Tenant

January 21, 2022    

Tenant sued landlord in an HP housing court proceeding. Tenant sought an order directing landlord to correct apartment conditions and finding that landlord had harassed tenant. Ruling only on the harassment claim,...

Tenant's Filing of Second ERAP Application Stayed Execution on Eviction Warrant

January 21, 2022    

Landlord sued to evict tenant for nonpayment of rent. Initially, a judgment of possession and money judgment were entered in landlord's favor in January 2020. Execution on the eviction warrant was stayed until...

Tenant's Claim of Building Violations and Harassment by Landlord Dismissed

January 20, 2022    

Tenant sued landlord in housing court, claiming that conditions in his apartment violated the Multiple Dwelling Law (MDL), Housing Maintenance Code (HMC), and other housing standards. He also claimed that landlord...

Landlord's Homeowner's Insurance Didn't Cover Tenant's Slip-and-Fall Claim

January 20, 2022    

Landlord's insurer sued landlord in federal court, seeking a declaration that the homeowner's insurance policy it issued to landlord excluded coverage for claims that landlord's tenant pursued against...