NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

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...

New Trial Needed on Whether Tenant's Apartment Was Deregulated

December 22, 2021    

Landlord sued in 2016 to evict tenant for nonpayment of rent. Landlord claimed that the apartment wasn't rent stabilized because its outer dimensions had been substantially altered. The court dismissed the case...

Landlord Gets Injunction Against Tenant's Objectionable Conduct

December 22, 2021    

Landlord sued loft tenant in State Supreme Court, seeking both preliminary and permanent injunctions, to stop tenant from all illegal and/or objectionable conduct in the building and his unit. Landlord claimed that...

Broker's License Revoked for Defrauding Landlords and Tenants

December 22, 2021    

A NYC real estate broker appealed a decision by the state's Division of Licensing Services to revoke his broker's license. After a hearing, the division had found that the broker demonstrated...

Loft Board Reasonably Denied Landlord's Abandonment Application

December 22, 2021    

Landlord applied to the NYC Loft Board for a determination that tenant's loft unit had been abandoned. The Loft Board ruled against landlord, who then filed an Article 78 court appeal. The court ruled against...

No Second MCI Increase for Facade Work Within Useful Life of Prior Work

December 22, 2021    

The DHCR denied landlord's application for an MCI rent hike relating to pointing, waterproofing, and related facade work. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was...

Landlord Didn't Prove Building Was in Substandard Condition

December 22, 2021    

Landlord applied to the DHCR in 2018 for a determination that its building had been substantially rehabilitated and therefore was exempt from rent stabilization. The DHCR ruled against landlord, who then filed an...

Landlord Didn't Prove Tenant Caused Reduction in Services

December 22, 2021    

Rent-stabilized tenant complained to the DHCR of a reduction in services and that landlord failed to perform certain renovation or repair work to her apartment. The DRA ruled for tenant, and the DHCR denied landlord...

Tenant Doesn't Prove Harassment Based on Alleged Toxic Odor

November 22, 2021    

Tenant brought an HP proceeding against landlord, claiming harassment. She said there was a "toxic odor invading" her apartment in June 2020 and that landlord did nothing about it. Landlord asked the court...

Appeals Court Revokes Lower Court's Order to Vacate Settlement Agreement

November 22, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't appear in court, but occupant appeared and claimed succession rights as a nontraditional family member. Landlord and occupant...