NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Orders Joint Trial of Two Tenants Claiming Overcharge in 421-g Building

June 26, 2020    

In separate court actions, two tenants sued landlord, claiming that they were improperly deregulated and being overcharged by landlord. The building received 421-g tax benefits. Landlord asked the court to...

Tenant's Sister-in-Law Gets Apartment as Nontraditional Family Member

June 26, 2020    

Landlord sued to evict the sister-in-law of rent-stabilized tenant after tenant died. The sister-in-law claimed succession rights. The trial court ruled in her favor, finding that she was a nontraditional family...

Tenant's Daughter and Granddaughter Get Rent-Stabilized Apartment

June 25, 2020    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. One occupant claimed that she was tenant's granddaughter and demanded succession rights. The other occupant claimed that she was...

Four-Year Rule Applies to Overcharge Claims

June 25, 2020    

Building tenants sued landlord, seeking a declaration that they were rent stabilized and were overcharged. In a prior appellate ruling, a court declared that the building was subject to rent stabilization as of April...

Landlord Can't Prove Tenants Breached Court Stipulation Promising Not to Smoke

June 25, 2020    

Landlord sued to evict tenants for smoking in their apartment. Landlord and tenants signed a settlement agreement in court. Tenants agreed to refrain from smoking or to permit any visitors to smoke in their apartment...

Landlord Brings Improper Proceeding Against Tenant's Children

June 25, 2020    

After rent-stabilized tenant died, tenant's son and daughter claimed succession rights and asked landlord for a renewal lease. Landlord instead offered them a vacancy lease, which they refused to sign. Landlord...

New Landlord Claims It's Not Responsible for Old Overcharge Finding

June 25, 2020    

Former rent-stabilized tenant sued prior landlord and current landlord (NYU) in 2019, seeking enforcement of a prior court's judgment for rent overcharge in the amount of $132,985 which was issued in 2017 against...

Landlord Refused to Accept Large Packages of Electronics for Tenants

June 25, 2020    

Rent-stabilized tenant complained to the DHCR in 2014 of a reduction in building-wide services after building staff discontinued their acceptances, on behalf of tenants, of large electronic goods. Tenant claimed...

Court Won't Reopen Overcharge Case for DHCR to Apply HSTPA Changes

June 25, 2020    

Rent-stabilized tenant complained of rent overcharge. She was the first tenant to occupy the apartment, which was rent-stabilized solely due to the building's receipt of J-51 tax benefits. The initial legal...

DHCR Reasonably Relied on Landlord's Lower Commercial Space Allocation

June 25, 2020    

Landlord applied to the DHCR for rent increases based on major capital improvements (MCIs) based on the installation of new boilers and burners. The tenants' association objected and, among other things, disputed...

Court Reinstates Tenant's Overcharge Claim After Collazo Decision

June 25, 2020    

Tenant sued landlord for rent overcharge. The court dismissed the case without prejudice in January 2020 and instructed tenant to refile the overcharge claim with the DHCR. In April 2020, tenant sought to renew her...

Four-Year Lookback Applied to Overcharge Claim Pending When HSTPA Enacted

June 25, 2020    

Rent-stabilized tenant sued landlord for rent overcharge. Tenant's apartment had been improperly deregulated while the building received J-51 tax benefits. Landlord claimed that the apartment's legal...