August 2015
Download The Full Issue
| LVT_2015_08_Final.pdf | 244.72 KB |
Tenant Can't Be Restored to Possession
Landlord May Be Responsible for Dog Attack on Tenant’s Guest
Insufficient Proof of Second-Hand Smoke
Landlord Not Entitled to First Rent for Altered Apartment
Tenant's Niece Can't Get Rent-Controlled Apartment
Landlord Claims He Needs Tenant's Apartment for His Own Use
Brooklyn College Professor Primarily Resided in Connecticut
Tenant Moved Out During Lawsuit
Tenant Can Sue Landlord in Small Claims Court
Landlord Had No Notice Before Pipe Burst
Tenant Can Raise Habitability Claim Despite "Commercial" Tenancy
Tenant Deducted Rent as S Corporation Expense
No Rent Abatement Where Tenant Refused Access for Repairs
Tenant Tripped Over Neighbor's Hallway Doormat
Landlord Proves Tenant's Nonprimary Residence
Landlord Fined $33,400 for Pre-Existing Illegal Apartments
Landlord Didn't Get Timely Permits for Emergency Boiler Repair
Landlord Fined for Sagging Wood Floor
Landlord Didn't Test Building Sprinkler System
Landlord Didn't Submit Proof of Backflow Prevention Device Installation
No Rent Hike for Emergency Boiler/Burner Installation
Landlord Can't Amend Rent Registration
DHCR Properly Relied on HPD Records to Decide Hot Water Complaint
Ceiling Stains Caused by Water Penetration from Roof
Tenant's Cold Water Complaint Reopened
Long-Term Tenant Proves She's Rent Controlled
Apartment Door Wasn't Defective
Tenant Not Subject to Rent Stabilization
No Overcharge in Connection with Tenant's Prepayment of Rent
New Landlord Immediately Refunded Overcharge with Interest
Four-Year Rule Applied to Complaint Filed by Deregulated Tenant
Landlord Waived Collection of RGBO Minimum Dollar Increases
Tenants Deregulated Based on High-Rent/High-Income
Landlord Must Give Month-to-Month Tenant Rent-Stabilized Lease
Tenant Didn't Answer Request for Income Verification
Landlord Can Increase Preferential Rent Upon Lease Renewal
Court, Not DHCR, Should Determine If Tenant Entitled to Renewal Lease
Rent Overcharge Wasn't Willful
Landlord Proves $143,000 Spent on IAIs
Default Formula Applied to Overcharge Claim
Landlord's Termination Notice Insufficient
Landlord Didn't State Tenant’s Section 8 Status
Tenant May Be Restored to Possession If She Pays Back Rent Owed
Tenant Claims Overcharge in Connection with Parking Space
Landlord Can't Evict Tenant for Small Amount of Heroin Found in Apartment
Landlord Could Continue to Charge Rent Paid Under Tenant’s Last Lease
Tenant Didn't Cause Termination of Section 8 Rent Subsidy
Evicted Tenant Must Be Reinstated Despite Rerental of Apartment
Apartment Wasn’t Properly Deregulated
Landlord's Notice Didn't State Sufficient Facts
No Maintenance Abatement for Co-op Tenant Who Made Her Own Repairs
Insufficient Proof of Drug Sales from Tenant’s Apartment
Jury Trial Waiver Inapplicable
Landlord Can Eject Occupant of Illegal Cellar Apartment
DHCR Must Look into Whether Tenant Got Valid Tax Filing Extension
Apartment in Co-op Building Not Rent Stabilized
Four-Year Rule Bars Tenant’s Claim
Landlord Didn't Replace 75 Percent of Building Systems
No Willful Overcharge Where Landlord Relied on DHCR Prior to Roberts
Third Successor Tenant Was Only First Successor After June 20, 1997
