May 2022
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Terra Cotta Rainscreen Recladding System Qualified as MCI
Con Ed Steam Heat System Had 50-Year Useful Life
Remediation of "C" Violations Permitted Approval of MCI Application
Landlord's Proof of Emergency Condition Didn't Warrant Useful Life Waiver
Doctor/Dentist Offices Needn't Be Registered as Rent-Stabilized Units
Final Notice of Treble Damages Wasn't a Rent Overcharge Determination
DHCR Complied with HSTPA by Dismissing Pending LD Applications
Landlord Can't Amend Rent Registration to "Temporarily Exempt"
Divorced Tenants Maintained Rent-Controlled Status in Two Separate Apartments
Unit Deregulated Before June 2019 Remained So Despite Appeal Decided Post-HSTPA
Outstanding Rent Reduction Order Resulted in $219K Overcharge
New Landlord Must Refund Overcharge Collected by Prior Landlord
Tenant Had Insufficient Proof to Warrant Investigation for Rent Fraud
Landlord Proved It Sent Renewal Lease to Tenant
Tenant's Grandson Is First Successor Tenant
Tenants of Illegally Converted Building Are Rent Stabilized
Nontraditional Family Member Gets Rent-Stabilized Apartment
Lawful Deregulation of Tenant's Apartment Took Place Before HSTPA Took Effect
Guarantor Not Responsible for Tenant Obligations Under New Lease
Court Denies Tenant's Claim of Invalid C of O in Nonpayment Case
Landlord's Service of Court Papers on NYCHA Didn't Comply with Williams Consent Decree
Tenant's Housekeeper Claims Landlord Responsible for Trip-and-Fall from Elevator
Landlord Can Proceed with Eviction Delayed Since March 2020 by Pandemic
Court to Appoint 7A Administrator After Landlord Fails to Comply with Settlement Agreement
No Illegal Lockout Since Tenant Was Restored to Possession After Filing Order to Show Cause
Court Lets Eviction Stand, Despite Late-Filed ERAP Application
Appeals Court Denies Tenants' Attempt to Reargue Dismissal of Overcharge Claim
Landlord Can Seek from Guarantor Rent Arrears Falling Outside Pandemic Protection Period
Appeals Court Permits Tenants to Sue Landlord for Rent Overcharge in Class Action
Tenant Claiming Rent Overcharge Can Seek Discovery in Housing Court Nonpayment Case
Termination Notice Didn't Sufficiently Explain How Tenant Failed to Cure Violation
Court Vacates ERAP Stay Where Tenant Is Unregulated and Landlord Won't Accept ERAP Funds
Tenant Gets Full Security Deposit Refunded in Small Claims Court Action
Landlord Can Amend Nonpayment Petition to Seek Alternate Increases Approved in Casado
Tenants Can't Demand DOB Inspection Under Housing Maintenance Code
Tenant Gets Security Deposit Refund and Punitive Damages
Court Grants Landlord Partial Exemption from ERAP Stay
Roommate Gets Stay of Tenant's Eviction Proceeding Based on ERAP Application Filing
Court Annuls DHR Ruling That Landlord Engaged in Unlawful Discrimination
Court Upholds DHCR Approval of MCI Rent Increases as Rational
ERAP Application Filed by Unnamed Occupant Didn't Stay Eviction Case Against Tenant
Tenant Reinstates Overcharge Claim in Court After HSTPA Confirms Jurisdiction
DHCR Won't Decide Tenant's Renewal Lease Complaint While Nonprimary Residence Case Is Pending
Health Care Aide Fails to Prove Succession Rights to Rent-Stabilized Tenant's Apartment
Landlord Transferred Cost of Heat and Hot Water Service to Tenant
May Insights
