April 2008
Chimney Liner Doesn't Qualify as MCI
Tenant Protected by Loft Law
Arrest Warrant Didn't Authorize Police to Enter Apartment
Insufficient Proof of Chronic Nonpayment of Rent
NYCHA Can Evict Tenant Based on Drug-Related Activity
DHCR May Have Inspected Wrong Staircase
Tenant Can Cure Roommate Overcharge to Avoid Eviction
No Proof Landlord Charged Preferential Rent
Granddaughter of Rent-Controlled Tenant Has Pass-on Rights
Landlord Must Recalculate Income of HUD Housing Applicant
Tenant Entitled to Continuation of Preferential Rent
Tenant Had No Excuse for Chronic Nonpayment of Rent
Son of Mitchell-Lama Tenant Doesn't Prove Pass-on Rights
Tenants' Son Can't Get Mitchell-Lama Apartment
Former Section 8 Tenant Keeps Right to Jury Trial
Adult Home, Transitional Housing Exempt from Property Tax
Landlord of Co-op Building Can Install Rooftop Garden
Landlord Didn't Correct Offensive Odor
Article 81 Guardian Can Vacate Agreement Signed by Guardian Ad Litem
No Proof of Illegal Basement Apartment
Landlord Left Snow and Ice on Sidewalk for Two Days
Tenant Gets Triple Damages for Wrongful Eviction
Landlord Restored Storage Bin Service
No Proof of 'Deemed' Lease
DHCR Inspection Showed Mildew on Bathroom Wall
Co-op Tenant Can't Sue Individual Board Members
Tenant Didn't Answer High-Rent Deregulation Application
Public Housing Tenant Can't Cure Nonprimary Residence
Checks for Apartment Improvements Were Altered
Base Rent Is First Rent Charged After Base Date Vacancy
Complaint Dismissed Based on Tenant's Failure to Respond
Landlord Didn't Prove Overcharge Wasn't Willful
Landlord Responsible for Tenant's Failure to Comply with Stop-Work Order
Landlord Proved Apartment Improvement Costs
Security Guard Services Not Properly Restored
Landlord Fined for Placing Recyclable Paper in Black Plastic Bags
MCI Rent Hike Granted for Handicap Ramp
$24,000 Overcharge Award Based on Landlord's Default
Landlord Claims Legal Rent Is More than $2,000 per Month
MBR Increase Capped by Phase-In of Prior Rent Hike
Tenant Denied Access for Repairs
Air Conditioners Improperly Installed
Landlord Responsible for Unauthorized Occupancy of Cellar
Noise from Air Circulation Device within OK Limits
Too Many Violations Prevent MBR Increase
Separate Violations Properly Issued for Conditions in Two Apartments
Cooking Gas Not Required Service for Rent-Controlled Tenant
No Proof Tenant Refused Access for Repairs
Two Elevator Upgrades Not Part of One MCI
Prior Landlords Weren't Tenants Before Building Rehab
No Penalties Imposed for Tenant's Overcharge of Roommate
Landlord Properly Increased Tenant's Rent
Partial Roof Replacement Doesn't Qualify
Did Tenant Agree to Pay for Improvements?
Elderly Landlord Not Excused from Clearing Debris
Tenant's Rent Increased for Three Air Conditioners
Complete Carpet Replacement Qualifies as MCI
Tenant Not Entitled to Rooming House Renewal Increase
Base Date Rent Was Over $2,000 Per Month
Landlord Not Responsible for Violations While Building in Receivership
Landlord's Deregulation Application Improperly Filed
Cornice Repair and Pressure Cleaning Don't Qualify as MCIs
No Rent Hike Allowed for Repair Work
HPD Finding of Nonprimary Residence Upheld
NYCHA Terminated Section 8 Subsidy Without Proper Notice
Tenant Attacked by Other Tenant
Prior Rent Reduction Applies to New Tenant
No Useful-Life Waiver Sought for Intercom
Mismatched Bathroom Tiles Weren't Minor Condition
DHCR Needn't Notify Landlord of Deadline to File Report