PROCEDURE

Tenant Who Didn't Renew Lease Can Vacate Stipulation to Move Out

September 26, 2014    

Landlord sued to evict rent-stabilized tenant for failure to sign a renewal lease. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by June 30, 2012. In return, landlord...

Landlord Claims Apartment Was Deregulated

June 16, 2014    

Tenant complained to the DHCR of a reduction in services. The DRA ruled for tenant and reduced his rent based on problems with the bedroom and dining room ceilings. Landlord appealed, claiming that tenant's...

Tenant Refused to Certify Income for Federal Tax Credit Program

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for failing to certify her household income after landlord started receiving federal low-income housing tax credits (LIHTC). Landlord claimed that tenant's refusal to...

Failure to Register Apartment in 2007 Irrelevant to 2013 Overcharge Claim

March 21, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that the base rent date should be March 29, 2003, instead of March...

Trial Needed on Tenant's Overcharge Claim

February 19, 2014    

Tenant sued landlord for fraud and rent overcharge, claiming that he was rent stabilized. Landlord admitted that tenant was stabilized, even though his lease stated that he was deregulated. Tenant asked the court to...

MCI Increase Temporarily Offset by 50 Percent of Annual J-51 Benefit

February 18, 2014    

The DRA granted landlord's application for MCI rent hikes. Later, the DRA granted a temporary offset of the MCI increase because landlord had received a J-51 tax abatement for the MCIs. Landlord appealed and lost...

DHCR Can't Rule on Tenant's Complaint About Smoking in Building

December 13, 2013    

Rent-stabilized tenant complained of a reduction in building-wide services based on cigarette smoke or smoking in public areas of the building. The DRA dismissed the complaint. Tenant appealed and lost. The DHCR...

Daughter Can't Claim Rent Overcharge Unless She Gets Pass-On Rights

October 14, 2013    

Rent-controlled tenant's daughter complained of a rent overcharge. She claimed that she had lived in the apartment since 1971, and had succeeded as tenant when her mother died in 2012. Landlord claimed that the...

Effective Date of MCI Rent Hike Based on Landlord's Delay

August 6, 2013    

The DHCR granted landlord's application for MCI rent hikes. Landlord, which was the managing agent of the holder of unsold shares in a co-op building, filed an Article 78 appeal, challenging the effective date of...

DHCR Can't Deny MCI Increase to All Tenants Based on Small Number of Water-Damaged Apartments

August 6, 2013    

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DHCR ruled for landlord in part but vacated a percentage of the total rent increase and ordered a refund to rents collected from all...

Landlord Must Offer Rent-Stabilized Renewal Lease

July 12, 2013    

Rent-stabilized tenant complained that landlord had failed to offer him a renewal lease. The DRA ruled for tenant and directed landlord to offer the renewal. Landlord appealed and lost. Landlord claimed that it...

Landlord Blocked from Removing Parking Lot

June 10, 2013    

Rent-stabilized tenants of Park West Village sued to stop landlord from terminating their parking lease riders or taking any steps to eliminate, cancel, or relocate tenants' parking spaces unless and until the...