February 2021
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Court Upholds DHCR Explanatory Addenda to Deregulation Order
On-Time Rent Provision in Lease Resulted in Willful Rent Overcharge
DHCR Reasonably Found Indicia of Fraud
Landlord and Security Company Not Responsible for Attack on Visitor
Shareholder Tenant Can Evict Apartment Occupant
Rent-Controlled Tenant's Granddaughter Claims Succession Rights
Eviction Warrant Improperly Issued
Rent-Freeze Provisions Not Applied to Overcharge Claims
Tenants Never Received Security Deposit Refund
Did Improperly Installed Window Guard Cause Child's Fall?
Did Court Settlement Resolve Rent Stabilization Coverage Issue?
Shareholder Tenant's Unit Subject to Loft Law
Rent-Stabilized Tenant's Son Gets Apartment
Landlord Who Harassed Tenant Must Pay Fines and Punitive Damages
Landlord Backtracked on Giving Tenant Permission to Replace Cabinets
Landlord Gets MCI Rent Hikes for New Apartment Doors and Locks
Landlord Gets MCI Rent Hike for Backflow Prevention Device
MCI Increase for Half Screens on Windows Removed
Backflow Prevention Device Not Required by Law Isn't MCI
Tenants Can't Get Additional Attorneys' Fees from DHCR for PAR
Deregulation Applications Filed in 2019 Properly Dismissed
Landlord Fails to Prove Building Was Substantially Rehabbed
Landlord Can Change Copper Wire Intercom to Telephone-Based System
Landlord Has No Approved DOB Filings to Support Substantial Rehab
Substantial Rehab Exemption Not Effective Until DOB Issued Letter of Completion
There Was No Overcharge for Apartment Properly Deregulated in 2009
Former Dental Office Converted to Apartment in 2015 Became Deregulated
Landlord Can't Charge Preferential Rent
Apartment Was Properly Deregulated in 2009 Due to Base-Date Vacancy
Long-Standing Rent Reduction Order Resulted in $87,000 Overcharge
Landlord Couldn't Document Preferential Rent
Limitations on Vacancy Increase Under Rent Act of 2015 Didn't Apply
Rent Hike for IAIs Disallowed Due to Contractor Relationship with Landlord
Comparable Rents Used to Set Base Date Rent After Temporary Exemption
DRA Incorrectly Applied HSTPA Retroactively to Overcharge Claim
Court Must Delay Eviction Under COVID Emergency Law
Hearing Needed on Tenant's Safe Harbor Act Defense
Tenant's Use and Occupancy Payments Limited by HSTPA
Court Orders Landlord to Correct DOB and ECB Elevator Violations
Landlord's Notice to Cure Subsidy Termination Was Fatally Defective
Landlord Must Reimburse Tenant After Self-Help Eviction
Tenant Can Eject Roommate Who Paid No Rent
Court Denies Tenant Attorney's Fees After Landlord Discontinues Case
Was Landlord Responsible for Targeted Attack That Killed Tenant?
Was Landlord Responsible for Tenant's Slip and Fall in Driveway?
On-Time Rent Concession Resulted in Reduction of Legal Regulated Rent
Occupant Didn't Prove Financial Interdependence with Tenant
Tenant Contesting Removal of Utility Credit Wasn't Rent Stabilized
Security Deposit and Increase Must Be Based on Preferential Rent
Landlord Must Offer Renewal Lease to Rent-Stabilized Tenant
Two Out of 150 Common Area Windows Still Defective
Bathroom Ceiling Leak Condition Wasn't De Minimis
Common Area Smoke Detectors Became Required Building Service
Gas Pipe Installation Caused Reduction in Tenant's Living Room Space
DOB Order Finding Elevator Problems Was Issued After Complaint Termination
DHCR Inspection Found That Vermin Control Was Maintained
Landlord Can Replace Cooking Gas Service with Electric Stoves and Furnaces
DHCR Dismisses Tenant's Vague Complaint About Inadequate Heat
Parking Provided by Independent Garage Wasn't an Ancillary Service
Defect in One Public Area Window Warranted Rent Reduction
February Insights
