February 2025
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| LVT_0225 FINAL.pdf | 369.57 KB |
Court Will Consider Tenant Counterclaim for Violations
Landlord Must Produce Pre-Lookback Period Records
DHCR Reasonably Denied Tenant's Lease Renewal Complaint
Landlord's Nonrenewal Notice Based on Nonprimary Residence Was Sufficient
Tenancy Termination Notice Was Insufficient to Support Lease Violation Claim
Incidents Didn't Violate Tenant's Probationary Agreement
Landlord Can Be Vicariously Liable for Broker's Source of Income Discrimination
Landlord Proved Building Was Substantially Rehabilitated in 1988-1989
Base Rent for Successor Tenant Deemed to Be Rent Paid at Time of Succession
HUD Project-Based Section 8 Building Wasn't Subject to Rent Stabilization
Landlord Can't Charge Rent-Stabilized Tenant for Water Usage
Landlord Entitled to First Rent for Newly Created Rent-Stabilized Apartment
Apartment Subject to Regulatory Agreement Between Landlord and HPD
Rent Overcharge Found After Calculating Lawful Rent Increases for Period of Temporary Exemption
Default Formula Properly Applied to Overcharge Claim
Default Formula Applied to Set Base Date Rent Where No Rent History Records Supplied
Interest Revoked on Portion of Rent Overcharge Refunded Before DHCR Ruling Issued
Legal Rent When Tenant Changed Units Remained Rent Collected for First Unit
Tenant Who Requested Move to Deregulated Apartment Was No Longer Rent Stabilized
New Landlord Responsible for Willful Rent Overcharge Based on Prior Rent Reduction Order
Small Rent Overpayment by ERAP Must Be Refunded to OTDA
On-Time Rent Clause Reduced Claimed Preferential Rent to Legal Regulated Rent
Tenant's Preferential Rent Must Remain in Place Upon Lease Renewal
DHCR Won't Apply HSTPA Provisions to MCI Application Decided before June 14, 2019
Landlord Filed Holdover Petition Before GCE Law Enacted
Tenants' Negligence and Nuisance Claims Based on Renovation Noise Largely Dismissed
Assessments Considered Rent in Nonpayment Proceeding Against Shareholder-Tenant
Non-Traditional Family Member Fails to Prove Succession Rights
Court Dismisses Landlord's Ejection Action Based on Pending Holdover Proceeding
Tenant's Harassment Claim Against Landlord Dismissed
Shareholder-Tenant Can Hold Monthly Fees in Escrow Pending Result of Case
Tenant Restored to Possession After Illegal Lockout
Tenant Can't Sue Realtor in Federal Court for Vandalized Apartment Lock
Tenant's Disability and Racial Discrimination Claims Were Dismissed as Too Vague
Tenants Didn't Prove Landlord Knew About Lead Paint Condition
Additional Five Days Not Required for Mailing of 14-Day Rent Demand
Chelsea Hotel Tenants Must Provide Access for Fire Safety System Installation
Attorney Sanctioned in Housing Court for Offensive Speech Directed at Judge
Landlord's Termination Notice Sufficiently Supported Claim
February 2025 Insights
