NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant's Son Who Used Apartment for Illegal Business Can't Get Pass-On Rights

March 26, 2021    

Landlord sued to evict rent-controlled tenant's son after tenant died in 2010. While the son claimed succession rights, the court ruled for landlord. In a lengthy decision involving unusual questions, the court...

Tenant's Son and Son's Girlfriend Get Apartment

March 26, 2021    

Landlord sued to evict rent-stabilized tenant's son and son's girlfriend after tenant died in 2014. The son and girlfriend claimed succession rights. The court ruled in their favor. Landlord appealed and lost...

Trial Court Incorrectly Found Indicia of Fraud in Overcharge Case

March 26, 2021    

Landlord sued to evict unregulated tenant in 2017 after tenant's lease expired. Landlord claimed that the unit was exempt from rent stabilization based on a high-rent vacancy that occurred sometime previously....

Did Building Have Six or More Apartments Anytime Since 1974?

March 26, 2021    

Tenants of various apartments in landlord's building sued landlord after landlord sent them lease nonrenewal notices. Tenants claimed that they were rent stabilized. Landlord claimed that the building was...

Tenant Without Proof of Mold Didn't Show Harassment by Landlord

March 26, 2021    

Tenant sued landlord and HPD, claiming harassment by landlord and a bathroom mold condition that warranted placement of a violation and remedy. The trial court ruled against tenant, who later asked the court for a...

Four Apartments with Leaks Permanently Exempted from MCI Rent Hikes

March 25, 2021    

In 2013, the DHCR's Rent Administrator granted landlord's MCI rent increase application, based on exterior restoration, terrace and roof replacements, and consultant fees. Tenants appealed, and in November...

DHCR Decision Granting IAI Rent Increases Upheld by Appeals Court

March 25, 2021    

Tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, finding that landlord proved its costs for claimed individual apartment improvements (IAIs) made to the unit before tenant moved in....

Landlord Didn't Prove There Was a Preferential Rent

March 25, 2021    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant, and landlord filed an Article 78 appeal of the DHCR's final decision. The court ruled against landlord, who appealed and lost. The...

No Fraud Found in Connection with Rent Overcharge

March 25, 2021    

Tenant complained of rent overcharge and improper deregulation of her apartment. The DHCR ruled for tenant in 2017 because the apartment had been vacancy-deregulated incorrectly while the building received J-51 tax...

HSTPA Limitations on Owner Occupancy Claim Can't Be Applied Retroactively

March 25, 2021    

Landlord sued to evict rent-stabilized tenant, in order to recover tenant's apartment for owner occupancy. The trial court ruled for landlord in 2018. Tenant appealed and won, based on changes in the Rent...

Tenant Can Eject Roommate Who Paid No Rent

February 24, 2021    

Tenant sued to eject apartment occupant, who had been her friend and roommate for about 10 years, after sending him two 10-day notices to quit. In late 2019, tenant and roommate entered an agreement by which the...

Landlord Must Reimburse Tenant After Self-Help Eviction

February 24, 2021    

Former tenant sued landlord for reimbursement of damages after landlord evicted tenant using self-help. Landlord and tenant entered an oral agreement for the apartment, and tenant paid landlord $600 for the first...