February 2022
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Landlord Didn't Forfeit Security Deposit Applied to Needed Apartment Repairs
Landlord's Lawsuit Against DHCR for Post-HSTPA IAI Policy Change Dismissed
Court Properly Awarded Damages Based on Landlord's Harassment of Tenants
DHCR's Finding That Buildings Were an HMD Wasn't a Final Ruling Subject to Appeal
Possible Illegal Units Don't Require Dismissal of Tenants' Action for 7-A Administrator
Landlords Claim Property Manager Breached Fiduciary Duty in How Rents Were Set
Rent-Controlled Tenant's Son Fails to Prove Succession Rights
Federal Court Can't Consider Occupant's Case That Lacked Valid Discrimination Claim
Renewal Lease Offer Was Improper
No Default Judgments Granted Where Court Papers Were Served Improperly
Tenant Can't Claim Breach of a Prior, Unrelated Court Stipulation in New Proceeding
Is NYCHA Responsible for Tenant's Burn Injuries from Heating Pipe?
Appeals Court Reverses Finding of Fraudulent Scheme to Deregulate
Landlord Proved 2015 Vacancy Deregulation Through IAIs
Tenant Illegally Locked Out Subtenant
Tenant Claims Managing Agent and Contractor Shared Identity of Interest
DHCR Finds No Overcharge and No Indication of Rent Fraud
Landlord Overcharged Tenant While Building Received RPTL Section 421-g Tax Benefits
DHCR Can't Order Security Deposit Refund After Tenant Moves Out
Landlord Proved Apartment Was Vacancy-Deregulated Before Tenant Moved In
Tenant Didn't Have to Prove Rent Paid in Overcharge Claim Filed by TPU
MCI Increase Granted for Replacement of Vestibule Doors
Landlord Can Convert from Gas to Electric Stoves for Rent-Stabilized Tenants
No MCI Increase for Roof That Leaked
MCI Increase Granted for Converting Fuel Source
Many HSTPA Revisions to MCI Provisions Can't Be Applied to Pending PARs
Landlord Didn't Cure Rent Reduction Orders and "C" Violations
Tenant's PAR Dismissed Based on Procedural Defects
Tenant Didn't Properly Refile Rejected PAR
"C" Violations Issued After MCI Application Filing Didn't Bar MCI Rent Hike
DHCR Provides MBR/MCR History in Response to Tenant's Overcharge Claim
Landlord Proved Legal Vacancy Deregulation of Apartment in 2009
Total Overcharge for SCRIE Tenant Included Interest But Not Triple Damages
Use of Unlicensed Contractor Didn't Bar Rent Hike for IAIs
No Triple Damages Where Overcharge Resulted from Failure to Register Apartment
High-Rent Vacancy Deregulation Was Proper Based on IAI Rent Increase
No Attorney's Fees Awarded to Tenant After Landlord Discontinued Case
Apartment Access Not Needed to Abate Discolored Water Flowing from Bathtub
Building That Previously Had Six Apartments Was Rent Stabilized
Did Lack of Staircase Handrail Cause Tenant's Injuries?
DRP-221 Issued to Guide Management of Eviction Cases Commenced after March 16, 2020
DRP-222 Issued Post-Eviction Moratorium to Address Default Judgments
Hearing Showed Landlord Remediated Mold Condition
Rent Overcharge Resulted from Improper Apartment Deregulation
Tenant Social Service Agency's Eviction Action Against Subtenant Dismissed
Landlord Fined $700 for Not Installing Backflow Prevention Device
Landlord Fined $2,500 for Illegally Occupied Basement Apartment
Landlord Fined Over $54,000 for Converting One Apartment to Six SROs
Landlord Proves Basement Wasn't Used for Sleeping Quarters
Landlord's Twice-Daily Cleanings Not Sufficient to Clear Curbline Trash
February Insights