December 2009
Landlord Fined for Defective Sidewalk Shed
Landlord's Stepmother Entitled to Life Lease
Subtenant Didn't Prove Apartment Was Rent Stabilized
J-51 Exception to Deregulation Applies Even After J-51 Benefits End
Separate Violations for Illegal Alteration and Illegal Occupancy
Landlord Must Renew Preferential Rent Agreement
Landlord Submitted Insufficient Proof of Apartment Improvements
Landlord Not Responsible for Worker's Injuries
Landlord Responsible for Loose Wood in Front of Building
Tenant Gets Rent Abatement for Breach Not Raised Before
Court Upholds NYCHA Decision to Terminate Tenancy
Landlord Added Illegal SRO Units to Four-Family Building
Son's Succession Claim Waived by Tenant's Primary Residence Defense
DHCR Needn't Rule on Whether Landlord Must Rebuild
Landlord Used Cat Litter Instead of Sand on Icy Sidewalk
Tenant Paid Less Than Regulated Rent, So No Overcharge
Tenant's Wife Had No Standing to Appeal Termination of Tenancy
Court Sets Aside Jury Verdict in Eviction Case
Rent Hike Limited to Costs Stated by Tenant's Consultant
Landlord Can't Add Air Conditioner Increase to Renewal Lease
Rent Restored on First Rent Payment Date After Application Filed
Structural Repair Work Required Permit
Per-Day Penalties Continue When Building Sealed
Plastic Trash Cans Must Be Covered
Landlord Can't Change Settlement Agreement Terms
Trial Needed on Whether There Was Illusory Tenancy
Tenant Forced to Vacate by Restraining Order Couldn't Claim Breach of Warranty of Habitability
Rent Stabilization Code Change Ruled Valid
Prior Landlord Waived Appliance Surcharges
Estate Executor Can Assert Warranty of Habitability Claim
Granddaughter Can't Get Tenant's Apartment
New Trial Needed in Primary Residence Case
Nontenant Can't Object to Fuel Cost Adjustment
Co-op Board Denies Permission for Apartment Alterations
HPD Properly Granted Landlord Certificate of No Harassment
Rent Demand Not Properly Served
Even with Proof Predating Base Date, DHCR Finds Overcharge
Tenant's Three-Year Lease Gave Right to Cancel Last 12 Months
Trial Needed on Whether Tenant's Son Has Pass-On Rights
Tenant Claims Harassment by Landlord
Tenant's Son Moved Out in 1993
Tenant Can Be Evicted for Daughter's Drug Offenses
Public Housing Tenant Not Entitled to New Trial
Remaining Family Member Had No Tenancy Rights
Tenant's Daughter Never Got Permission to Live in Apartment
Landlord Placed Garbage Bags Out Too Early
Commercial Tenant Responsible for Sanitation Violation
Tenant Who Failed to Appear for NYCHA Hearing Evicted
Tenant Can't Vacate Default Judgment
Tenant Never Moved Out, Can Resume Adding Name to Renewal Lease
Landlord Didn't Maintain Two Boilers in Safe Condition
Second Case Terminated Since Issue Decided in Prior Proceeding
Tenant Can't Add Son's Name to Renewal Lease
Trial Testimony Proves Tenant Is Primary Resident
MCI Rent Hike Granted for New Boiler
Tenant Injured in Hallway Fight with Drug-Using Neighbor
Minimal Overcharge Although Landlord Gave Tenant a Sublease
Tenant Gets Attorney's Fees When Landlord Discontinued Case
Landlord Didn't File 2009 Fuel Cost Report
Condo Owner Must Give Landlord Access to Remove Mold