April 2017
Download The Full Issue
| LVT_2017_04_Final.pdf | 302.51 KB |
Landlord Can Collect First, Deregulated Rent for Newly Created Apartment
Court Excuses Tenant's Default on Agreement to Cure Chronic Nonpayment of Rent
NYCHA Tenant's Granddaughter Can't Get Apartment
Did Lead Paint in Apartments Injure Tenant's Child?
Co-op Improperly Rejected Daughter’s Request for Transfer of Apartment Shares
Landlord Doesn't Prove IAIs Were Made
Landlord Who Had No Notice of Lead Paint Condition Not Responsible for Injuries
Tenants Can Pursue Class Action Against Landlord Based on Response to Superstorm Sandy
Tenant Mental Health Care Provider Not Responsible for Fire Caused by Subtenant
Did Landlord Install Smoke Detector in Apartment?
Occupants Referred to SRO Housing by HRA Became Rent Stabilized After 30 Days
Was Landlord Responsible for Tenant's Injuries in Elevator Accident?
New Hearing Needed to Determine Reasonable Attorney's Fees
Tenant's Grandson Can't Get Mitchell-Lama Apartment
Landlord's Unflattering Description of Tenant Wasn't Defamation or Harassment
DHCR Considers Additional Proof of IAIs Submitted with Landlord’s PAR
Vacant Commercial Building Was Substantially Rehabbed in 1986
DHCR Decision Limited to Rent Registration Issue Specifically Raised in Complaint
Landlord Didn't Prove Legal Regulated Rent Was Higher Than Actual Rent Paid
DHCR Must Reopen Case to Consider Rent History Records
Delayed Overcharge Refund Didn't Overcome Presumption of Willfulness
Landlord Discontinued Preferential Rent in Error
Proved Costs for IAIs Insufficient to Result in Deregulation
Building Substantially Rehabbed in 2003 Is Exempt from Rent Stabilization
New Flooring Installed Only on Landings Didn't Qualify as MCI
Building Substantially Rehabbed in 1995 Exempt from Rent Stabilization
Tenants Didn't Withdraw Building-Wide Service Complaint
Names and Apartment Numbers Missing from Tenant Mailboxes
Rent Reduction for Peeling Paint and Plaster Revoked
Certain Costs for Related Work Included in Rent Hike for Elevator Upgrade
MCI Rent Hike Denied for Boiler/Burner
Insufficient Proof of Prior Vacancy Deregulation
Fair Market Rent Less Than Initial Rent Charged by Landlord
Tenant Who Occupied Apartment Before Substantial Rehab Is Rent Stabilized
Landlord Didn't Prove Base Rent Was Preferential Rent
Tenant Gets 35 Percent Rent Abatement for Apartment Conditions
No Proof Roommate Was Nontraditional Family Member
Two Handrails Not Required on Staircase
Tenant Didn't Pay “Use and Occupancy” While Eviction Case Pending
Settlement Agreement in Nonpayment Proceeding Vacated
Tenant Who Cooked Food in Apartment Didn’t Create Nuisance
Court Grants Tenant's Request for Pretrial Questioning
Landlord Improperly Sued to Evict Shareholder Tenant as Licensee After Foreclosure
Building Converted from Six to Four Apartments Remained Rent Stabilized
Court Finds Process Server’s Signatures Inconsistent
Landlord Renewed Tenant's Lease After Terminating Tenancy
SRO Tenant's Brother Became Permanent Tenant
Landlord Must Produce Witness List Before Nuisance Trial
Landlord Gets Money Judgment in Nonpayment Case Without Personal Delivery of Court Papers to Tenant
Court Vacates Settlement Agreement to Let Tenant Assert Overcharge Claim
No Proof Landlord Entitled to Collect Air Conditioner Surcharge
Removal of Storage Bins Was De Minimis
Landlord Can't Amend Annual Rent Registrations to Increase Listed Rents
Tenant Letters Withdrawing Building-Wide Service Complaint Were Invalid
Security Guard Service at Other Building in Complex Irrelevant to Finding of Reduced Service
Mold Remediation Was Done in Unworkmanlike Manner
Pointing/Masonry Work Qualified as MCI
Landlord Must Refund $32,820 to Tenant Based on 1993 Rent Reduction Order
Landlord Added Sixth Illegal Apartment
Tenant Claims Landlord Improperly Charged Her More Rent After Fire
