NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Is Landlord's Remaining Family Member Rent Stabilized?

January 25, 2021    

Occupant lived all his life in the family apartment located in a six-unit building that his parents bought in 1951. He remained there after his parents and siblings moved out around 1980. After his father later died...

Landlord Submitted No Proof of Claimed IAIs

January 25, 2021    

Tenant sued landlord in 2011, claiming fraudulent improper deregulation of her apartment and rent overcharge. Landlord claimed that the unit had been properly vacancy deregulated. The trial court ruled for tenant,...

Is Landlord Responsible for Negligent Hiring of Employees Who Injured Resident?

January 25, 2021    

Family members of a resident of a facility for intellectually and developmentally disabled adults sued landlord after two of landlord's employees burned resident with a heated potato masher. They claimed that...

Landlord Proved Vacancy Deregulation of Apartment in 2010

January 25, 2021    

Tenant complained to the DHCR of improper apartment deregulation and rent overcharge. The DRA ruled against tenant after reviewing landlord's documentation of individual apartment improvements (IAIs) and...

Landlord Gave Tenant Vacancy Lease When Adding Tenant's Son

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge and a lease violation. When she sought to add her son as a co-tenant to her lease, landlord agreed and gave them a vacancy lease. The DRA ruled for tenant, finding...

Landlord Must Restore Tenant's Son to Possession After Lockout

January 25, 2021    

Tenant's son sued landlord NYCHA for illegal lockout. NYCHA asked the court to dismiss the case, claiming that occupant didn't have legal standing to claim illegal lockout. The son claimed that he had lived...

DHCR "EA" Properly Explained Effect of HSTPA on Deregulation Order

January 25, 2021    

In 2018, landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. In February 2019, the DRA ruled for landlord based on tenants' admission that their total annual...

Landlord Can't Appeal Non-Final DHCR Order

January 25, 2021    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in 2018, applying a four-year base date to review of the apartment rent history. Tenant appealed, and claimed that HSTPA, which...

Apartment Was Lawfully Deregulated

January 25, 2021    

Tenant complained to the DHCR in 2015 of improper deregulation of his apartment and rent overcharge. The DHCR ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal of the DHCR'...

DHCR Must Reconsider Deregulation of Tenant's Apartment

January 25, 2021    

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2011. The DRA ruled for landlord in 2018. The DRA had asked both tenant and the Dept. of Taxation and Finance (DTF...

Landlord Illegally Evicted Tenant's Daughter After Tenant Died

December 21, 2020    

Tenant's adult daughter sued landlord, claiming illegal eviction. She claimed that she contacted landlord in early September 2020 and informed landlord that tenant had died and she wanted to clear up any back...

Court Issues Eviction Warrant Under DRP 213 for Pre-Pandemic Case

December 21, 2020    

Landlord sued to evict tenant for nonpayment of rent in October 2019. Landlord and tenant, represented by an attorney, signed a settlement agreement in December 2019. Tenant agreed to pay back rent due, and landlord...