April 2023
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Violations Resolved Before MCI Application Was Filed Were Irrelevant
Landlord Sufficiently Documented Costs of Separate Concrete Layers to Prove Resurfacing Work Wasn't Duplicated
Landlord's MCI Application Denied as Untimely
Landlord Had No Explanation for Delay in Obtaining Government Sign-Off for Rewiring Work
Landlord Cleared Building Violations Before MCI Increase Was Granted
Tenant Who Lived in Building Prior to Substantial Rehab Remained Rent Stabilized
Landlord Didn't Submit Sufficient Proof of Substantial Rehab
DHCR Properly Calculated MBR and MCR for Rent-Controlled Tenant
DHCR Can Determine Apartment's Legal Regulated Rent in Response to Tenant Application
DHCR Orders Rent Registration of Apartments Despite Landlord's Claim Building Was a Co-op
DHCR Uses Default Formula to Set Legal Rent for Unregistered SRO Unit
Landlord Didn't Prove Financial Ability to Complete Demolition Project
No Rent Overcharge Where J-51 Apartment Was Registered After Roberts and DHCR Guidance
Tenant's Vacancy Lease Didn't Contain Notice of Preferential Rent
No IAI Increase for Electrical Work Done Outside Tenant's Apartment
Landlord Fined $120K for Adding Three Illegal Apartments to Two-Family Dwelling
Landlord Fined for Not Registering Boiler Landlord Claimed Was Inoperable
Landlord Didn't Securely Bundle Shelving Placed Out for Trash Collection
DEP Mold Remediation Violation Improperly Issued
Interim Multiple Dwelling Was Lawful on Violation Date Despite No Residential C of O
Default Formula Can't Be Used in Overcharge Case Involving 78 Tenants in J-51 Building
Addition of Private Stairway in Hallway Reduced Essential Services for Tenant
DHCR Properly Relied on 1989 Rent Reduction Order to Find Rent Overcharge
DHCR's Application of HSTPA Abolishment of Luxury Deregulation Provisions Was Rational
DHCR Properly Found That Apartment Was Properly Vacancy-Deregulated
Federal Court Finds No Fifth Amendment Taking of Property Resulting from HSTPA
ERAP Stay of Nonpayment Proceeding Applies to Section 8 Tenant
Tenants Didn't Prove Formerly Rent-Controlled Units Weren't Properly Deregulated
Poughkeepsie Court Finds Local Good Cause Eviction Law Void and Unenforceable
Tenant Proved Building Had at Least 6 Apartments and Was Rent Stabilized
Landlord's Installation of Gas Piping in Tenant's Apartment Reduced Required Services
Court Denies Landlord's Request to Lift ERAP Stay in Nonpayment Proceeding
Tenants Can Proceed with Overcharge Claims Based on Improper Rent Concessions
Tenant Can Raise Rent Fraud Claim in Response to Nonpayment Petition
Landlord of Purported Co-op Unit Fails to Prove Apartment Exempt from Rent Regulation
Court Grants Extension of Eviction Date to Accommodate Occupant with Children
Landlord Amended Eviction Petition Based on Nonpayment After Tenant Moved Out
Eviction Proceeding Dismissed Because Landlord Had Accepted ERAP Funds Less Than One Year Earlier
Landlord Can Sue Tenant's Claimed Successor in Summary Nonpayment Proceeding for Rent
April 2023 Insights
