NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Application of Time Period for Lookback Requires More Factfinding

September 22, 2020    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed rent overcharge. Landlord then discontinued the eviction claim, but the court considered tenant's request to...

Application of Regina Decision Reduces Overcharge Finding by Over $30,000

September 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant in August 2019 and ordered landlord to refund $90,673, including triple damages.

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Tenants Authorized Tenant Organization to File Complaints for Them

September 22, 2020    

Various rent-stabilized tenants complained of reductions of service in their apartments. The DRA ruled on 13 cases, dismissing 11 and reducing the rents of two tenants based on apartment conditions. Landlord appealed...

Rents Properly Restored Based on DHCR Inspection Report

September 22, 2020    

The DHCR reduced the rents of rent-stabilized tenants based on a reduction in various building-wide services. The DRA ruled for tenants. Although some services had been restored, there was inadequate janitorial...

Public Housing Tenant's Conduct Didn't Warrant Eviction

September 21, 2020    

Landlord Tuckahoe Housing Authority (THA) sent public housing tenant a lease termination notice, then held a grievance hearing at tenant's request.  THA ruled that tenant had violated her lease, and...

Landlord Can Seek Tenant's Eviction Based on Overcrowding

September 21, 2020    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy by "overcrowding" her apartment in violation of Housing Maintenance Code (HMC) Section 27-2075. The court...

Judgment by Agreement Against Deceased Tenant's Son Was Void

September 21, 2020    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant's family member signed a court-ordered settlement agreement that gave landlord possession and $6,000 in back rent owed. The court then...

No Proof of Fraud Warranting Rent Overcharge Lookback Beyond Four Years

September 21, 2020    

Tenant sued landlord in 2014, claiming that his apartment was unlawfully deregulated and that he had been overcharged. Tenant claimed that his legal monthly rent was $628 based on the last amount validly registered...

Landlord Must Lay Down Lobby Floor Mats for Mobility-Impaired Tenant

September 21, 2020    

Rent-stabilized tenant and the NY State Division of Human Rights (DHR) sued landlord for disability discrimination. They claimed this was based on landlord's denial of tenant's request for a reasonable...

Rent Overcharge Claim Dismissed Based on Four-Year Lookback Period

August 19, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge and fraudulent rent increases. The court ruled for landlord and dismissed the case. Since the case was filed before HSTPA amended the law in June 2019,...

Landlord Didn't Sufficiently Describe Homeless Housing Agreement in Eviction Petition

August 19, 2020    

Landlord sued to evict tenant after sending a 30-day termination notice. Landlord claimed that tenant's lease expired on Jan. 31, 2019, and that tenant then became a month-to-month tenant. Landlord said that the...

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...