NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

New Rent-Stabilized Apartment Created When Tenants Combined Two Units

August 18, 2020    

Tenants sued landlord in 2016, claiming improper deregulation and rent overcharge. Tenants also sought an injunction to stop landlord from engaging in claimed deceptive business practices in violation of General...

RSA Must Produce Membership Records in Its Case Against Tenant Group

August 18, 2020    

The Rent Stabilization Association (RSA), a landlord's advocacy organization, sued McKee and the Tenants Political Action Committee, Inc. (TPAC), claiming defamation. On May 2, 2018, McKee had attended a NY City...

Apartment Already Deregulated When Tenant Moved In

August 18, 2020    

Tenant sued landlord for rent overcharge in connection with two apartments in the same building. Tenant had lived in  Apt. 6 from 2007 through April 2014, then moved into Apt. 4 under a written agreement with...

Landlord's Request to Dismiss Proposed Class Action Was Premature

August 18, 2020    

Tenants of four buildings sued landlord for  improper deregulation and rent overcharge in a proposed class action lawsuit. Tenants claimed that all four building were enrolled in the J-1 tax benefit program and...

Rent Overcharge Calculation Must Be Revised to Reflect Regina Decision

August 18, 2020    

Current and former tenants sued landlord  in 2009 for improper deregulation and rent overcharge in several consolidated class action cases. Various apartments had been deregulated starting in 1993 although the...

Rent-Stabilized Tenant's Daughter and Granddaughter Get Apartment

August 18, 2020    

Landlord sued to evict rent-stabilized tenant's daughter and granddaughter after tenant died. These family members claimed succession rights to the apartment. The court ruled for tenant's family members and...

Rent Overcharge Must Be Recalculated to Reflect Four-Year Lookback

August 18, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed rent overcharge and asked the court to dismiss the case. The court ruled for tenant and awarded tenant an overcharge...

Was Tenant's Death in Fire Caused by Landlord's Negligence?

August 18, 2020    

The estate of a 71-year-old deceased tenant sued landlord, claiming the wrongful death of tenant occurred due to landlord's negligence and breach of the warranty of habitability.

Tenant Signed Apartment Surrender Agreement with General Release

August 17, 2020    

Rent-stabilized tenant sued landlord for negligence after she broke her hip, requiring surgery and convalescence in two rehab facilities after surgery. She claimed that she tripped and fell on broken flooring in her...

Mitchell-Lama Co-op Tenant's Daughter Gets Apartment

August 17, 2020    

The DHCR granted succession rights to the daughter of a Mitchell-Lama cooperative shareholder tenant. Landlord filed an Article 78 court appeal of the DHCR's decision, claiming that it was arbitrary and...

No MCI Increase for Lobby Renovations

August 17, 2020    

Landlord of the LeFrak City housing complex applied for MCI rent increases for four buildings with a separate connecting lobby structure based on lobby renovations. The DRA ruled for landlord in part but disallowed...

Landlord Gets MCI Rent Hike for Building-Wide Carpet Installation

August 17, 2020    

Landlord applied for MCI rent hikes based on new carpeting installed throughout the building. The DRA ruled for landlord.

Tenants appealed, and the DHCR denied their petition for administrative review (PAR)....