February 2023
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Landlord Can't Explain Why Tenants Were Treated as Rent Stabilized After Claimed Sub Rehab
Buildings Rehabbed Under Land Disposition Agreement with HPD Remain Rent Stabilized
Landlord Submitted Insufficient Proof of Substantial Rehab
Landlord Can Replace Part-Time Lobby Attendant with Video Surveillance System
Four-Family Brownstone with at Least Two Additional Apartments Was Rent Stabilized
Landlord Can Replace Oil Heat System with Electrical Heating System
Building with Illegal SRO Units Contained at Least Six Housing Accommodations
Proposed Video Surveillance System Wasn't Adequate Substitute for Second Doorman
HSTPA Supersedes Prior Settlement Agreement That Phased Out Tenant's Preferential Rent
Overcharge Resulted from Base Date Rent Freeze for Failure to Register
DHCR Denies Comparative Hardship Applications Filed by Individual Co-op Unit Owners
Hardship Rent Increases for Rent-Controlled Tenants in Co-op Modified
DHCR Upholds Rent Hikes for Revoked Hardship Increase to Allow for MBR Increase
Landlord Properly Treated Den as a Sixth Room in Apartment
Building Was Exempt from Rent Stabilization Due to Substantial Rehab
Landlord Waived Rent Increase for Two-Year Renewal Lease Period
Landlord Proved Costs for Rent Increase Based on IAIs
DHCR Can Consider Pre-Base Date Overcharge Ruling When Deciding New Complaint
Landlord Didn't Document Preferential Rent in Renewal Leases
Triple Damages Didn't Apply to Overcharge Refunded in Response to Pre-HSTPA Complaint
HSTPA Bars Deregulation of Stuyvesant Town Units After J-51 Tax Benefits Expire
DHCR Reasonably Denied Landlord's Demolition Application
Landlord May Be Responsible for Tenant's Dog Biting Mailman
Tenant Had No Credible Explanation for Extensive Absence from Apartment
Landlord's Eviction Case Against Former Super Dismissed
OTDA Expected to Deny Tenant's Second ERAP Application
Westchester Court Vacates ERAP Stay, Finding Section 8 Tenant Unlikely to Get Funds
Court Partially Vacates ERAP Stay Beyond 15 Months' Outstanding Rent
Provisional Approval of Occupant's ERAP Application Dissolved Stay of Eviction Case
No ERAP Stay Applied to Court Action for Money Judgment Only
DHCR Permits Modification to Phone-Based Intercom Without Rent Reduction
Occupant's Claim of Illusory Tenancy Is Stricken as Insufficient
Co-op Can Terminate Shareholder's Proprietary Lease Based on Objectionable Conduct
Court Reopens Case Where 421-a Tenants Claim Improper Preferential Rents
Occupant Can't Prove Succession Rights to Mitchell-Lama Co-op Apartment
Landlord's Defective Notices Resulted in Dismissal of Illegal Sublet Case
Nonprofit Can Sue Landlord for Source of Income Discrimination Against Prospective Tenants
Landlord Improperly Relied on Prior Notice to Start Second Eviction Case
Former Tenant Claims Breach of Warranty of Habitability
Court Won't Consolidate Tenant's Personal Injury Suit Against Landlord with Eviction Case
Landlord May Be Responsible for Nonstructural Floor Defect
Shareholder Tenant Claims Co-op Board Improperly Denied Him a Second Parking Space
Tenant Filed Improper Claims Against Landlord in Federal Court
Co-op Board Can Terminate Shareholder Tenancy Based on Objectionable Conduct
Tenant Gets Attorney's Fees in Civil Contempt Motion Against Landlord
February Insights