NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Preserve Legal Regulated Rent

December 16, 2019    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment while the building received J-51 tax benefits. Landlord argued there was no overcharge because tenant paid a preferential...

Landlord Didn't Give New Tenant a Lease

December 16, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2016. Landlord appealed and lost in 2017. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was...

Landlord Who Purchased Building Responsible for Overcharge Refund

November 21, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord appealed and lost. In 2012, the DHCR had ruled there was a rent overcharge and directed prior...

Tenant Gets Default Judgment Vacated

November 21, 2019    

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that the apartment was unregulated. The court ruled for landlord based on tenant's failure to appear in court. The court later denied tenant...

Occupant Had Family-Type Relationship with Tenant

November 21, 2019    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed that he had a family-member relationship with tenant. The trial court ruled for the occupant, finding he had...

Does Rent-Stabilized Tenant's Daughter Have Succession Rights?

November 21, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter asked the court to dismiss the case without trial. The court ruled against the daughter, who appealed and lost. Documentary...

Daughter of Rent-Stabilized Tenant Gets Apartment

November 21, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The trial court ruled for the daughter. Landlord appealed and lost. Despite some procedural errors by the lower court, the daughter'...

Building Converted to Six or More Dwelling Units After 1974

November 21, 2019    

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant argued that he was rent stabilized and asked the court to dismiss the case. The court ruled against tenant, who appealed and won. Tenant had...

Rent-Stabilized Tenant's Short-Term Sublets Didn't Amount to Profiteering

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for profiteering from short-term rentals of her apartment. The court ruled against landlord, finding that the nature and frequency of tenant's rentals didn't...

Landlord Not Responsible for Injuries to Tenant After Shooting

November 21, 2019    

Tenant sued landlord after being shot at her apartment building. The court granted landlord's request to dismiss the case. Tenant appealed and lost. Landlord had a duty to take minimal security precautions to...

DHCR Must Explain Its Method for Setting Rent

November 21, 2019    

Landlord asked the DHCR to determine the legal rent for tenant's SRO unit after a court ruled that tenant was a rent-stabilized permanent tenant. Tenant had checked into the SRO building in August 2015, paid a...

Tenants Can Maintain Class Action for Rent Overcharge

November 21, 2019    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and a fraudulent scheme to inflate rents in over 20 buildings landlords owned and operated. The...