NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

DHCR Overcharge Proceeding Initiated by TPU Referral Was Proper

May 5, 2021    

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2016. The DRA ruled for tenant and ordered landlord to refund overcharges that included triple damages. The DHCR denied landlord's petition for...

DHCR Policy Change in Useful Life of Steam Heat System Was Reasonable

April 27, 2021    

Landlord applied for MCI rent hikes based on installation of a new boiler in 2014. The DRA ruled for landlord. Tenants appealed and pointed out that Con Edison had installed the prior steam radiator heating system in...

Tenant's Husband Didn't Prove Co-occupancy

April 27, 2021    

Landlord sued to evict rent-stabilized tenant's husband after tenant moved out of the apartment. The husband claimed succession rights. The trial court ruled for landlord. The husband appealed and lost, then...

Trial Needed to Determine If Tenant's Daughter Gets Apartment

April 27, 2021    

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out of the apartment. The daughter claimed succession rights. Landlord argued that there was no question of fact and asked the court to...

Nuisance Case Dismissed Because Landlord Didn't Send Predicate Notice

April 23, 2021    

Landlord sued rent-stabilized tenant in State Supreme Court, seeking ejectment as well as an injunction to stop tenant's disruptive conduct. Landlord stated that other tenants complained about loud music and...

Rye City Court Had No Jurisdiction Over Out-Of-State Landlord

April 23, 2021    

Former tenant sued landlord in small claims court in Rye, N.Y., for return of his security deposit. The court dismissed the case, finding that it had no jurisdiction over landlord or tenant. Landlord lived in Georgia...

Landlord in Contempt of Court for Not Correcting Apartment Violations

April 23, 2021    

Tenant sued landlord in housing court, seeking correction of violations in tenant's apartment. At some point after landlord failed to comply with the court's order to correct violations, tenant asked the...

Failure to Register Current Rent Results in Dismissal of Nonpayment Case

April 23, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's rent demand and petition were defective because the claimed rent exceeded the contract rent. Tenant also...

Court Revokes DHCR Approval of Landlord's Application to Modify Courtyard

April 23, 2021    

In 1991, prior landlord of an apartment complex completely paved over most of a large courtyard area--which had contained grass, trees, benches, an ornamental fountain, play area, and other amenities--for parking...

Tenants' Harassment and Assault Claims Against Landlord Dismissed

April 23, 2021    

Two rent-stabilized tenants of one apartment sued landlord for harassment, assault, nuisance, breach of the warranty of habitability, and breach of their lease. They claimed that landlord engaged in "an...

Landlord Gets Attorney's Fees for Counterclaims Based on Apartment Damage

April 23, 2021    

Former tenant sued landlord for return of apartment security deposit and claimed that landlord improperly commingled the security deposit in violation of General Obligations Law (GOL) Section 7-103. Landlord, in turn...

Landlord Didn't Comply with 1994 Rent Reduction Order

April 21, 2021    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a willful rent overcharge. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court proceeding, claiming...