December 2021
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Process Server Didn't Show Due Diligence Used Before Nail-and-Mail Service
Tenant Gets Attorney's Fees After Landlord Withheld Sublet Consent in Bad Faith
Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Proceeding
Court Denies Landlord's Request for More Time to Correct Violations
Landlord Must Refund U&O Tenant Paid While Eviction Case Was Pending
Landlord's Request to Restore Nuisance Case to Court Calendar Was Made Too Late
Landlord's Termination Notice Didn't Allow Sufficient Time
Prior Tenant's Stepdaughter Can't Make Succession Claim
Did Co-op Reserve Fund Usage Bar MCI Rent Hike?
Boiler/Burner Conversion from Oil to Gas Wasn't an MCI
HSTPA Changes Can't Be Applied Retroactively to Appeal of MCI Rent Hikes
Tenant's Roof Leak Claim Raised for First Time on Appeal
DHCR Properly Applied HSTPA Provisions to Pending MCI Rent Increase Application
Landlord Didn't Notify Rent-Controlled Tenant Before Filing Demolition Application
Substantially Rehabbed Building Was Exempt From Rent Stabilization
Landlord Can Convert to Direct Electric Metering with Rent Reductions
Landlord Doesn't Prove Substantial Rehab of Building
DHCR Must Reconsider Landlord's Substantial Rehab Claim
Tenants Without J-51 Lease Riders Remain Rent Stabilized
Low-Income Co-op Building Wasn't Subject to Rent Stabilization
MCI Increase Granted for New Roof and Facade Work, including Parapet Replacements
Incorrect IAI Rent Increase Calculation Wasn't a Willful Overcharge
Landlord Proves Lawful High-Rent Vacancy Deregulation of Tenant's Apartment
Landlord Improperly Deregulated Apartment in 421-g Building
Waiver Rule Not Applied in Calculation of Rent Overcharge in 421-g Building
No Triple Damages for Overcharge Due to Mistaken Deregulation in J-51 Building
Small Overcharge Resulted From Late Fees and Lump-Sum MCI Arrears
No Proof Rent Charged Was Preferential Rent
HPD Regulatory Agreement Didn't Exempt Building from Rent Stabilization
DHCR Substantially Reduces Overcharge Award After Regina Court Sets Calculation Method
Failure to Follow 2009 Roberts Ruling on Deregulation Didn't Constitute Fraud by Landlord
Apartment Was Properly Deregulated After Temporary Exemption
Vacancy Deregulation of Tenant's Apartment Was Legal
NYC Civil Court Issues DRP-219 to Address Management of Motions for Default Judgments
Landlord Didn't Prove Tenant Caused Reduction in Services
Landlord Didn't Prove Building Was in Substandard Condition
No Second MCI Increase for Facade Work Within Useful Life of Prior Work
Loft Board Reasonably Denied Landlord's Abandonment Application
Broker's License Revoked for Defrauding Landlords and Tenants
Landlord Gets Injunction Against Tenant's Objectionable Conduct
New Trial Needed on Whether Tenant's Apartment Was Deregulated
DHCR Reasonably Set a First Stabilized Rent for SRO Unit
Overcharge Claim Based on Rent Concessions Given at Time of Initial 421-a Rentals
Federal Court Denies Preliminary Injunction Against Amended Hardship Declaration Law
Tenant Can't Add Groundless Harassment Claim to HP Petition
1991 Rent Reduction Order Prevented Vacancy Deregulation of Apartment
Landlord Didn't Submit Proof of Financial Ability to Complete Demolition
Court Orders Hearing on Landlord's Challenge to Tenant's Hardship Declaration
Court Dismisses Tenant Challenge to Landlord's FDCPA Notice
December Insights
