January 2020
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| LVT_2020_01_Final.pdf | 290.44 KB |
Landlord Performed Claimed Apartment Improvements
DOB Can't Prove Landlord Knew of Tenant's Illegal Transient Rental
Court Dismisses Illegal Sublet Claim Against Daughter Claiming Pass-On Rights
Lower Court Must Recalculate Overcharge Liability Under HSTPA
Law Amended by HSTPA Applied to Owner Occupancy Case on Appeal
Partial Parapet Wall Replacement Doesn't Qualify as MCI
MCI Increase for HVAC Replacement Denied
DHCR Inspection Showed Apartment Had Two Rooms
MCI Application Involving DOB Sign-Off Dismissed as Untimely
Tenants Didn't File Objections to MCI Application, Despite Extensions
Tenant's Leak Claim Didn't Prevent MCI Increase for New Roof
Partial Pointing and Waterproofing Work Qualified as MCI
Rent Hike Granted for Entrance Door, Flooring, and Stair Replacement
Four Tenants Exempted from MCI Increase for Facade Restoration
Landlord Submitted Insufficient Proof of Lobby Door Replacements
Landlord Can't Amend Rent Registration
No Proof of Unique or Peculiar Circumstances Warranting Rent Hike
Landlord Can Replace Gas Stoves with Electric Stoves
Actual Base Date Rent Was Legal Rent
Lease Nonrenewal Case Reopened Based on Law Office Failure
Two Family Members Can't Get Succession Rights at Same Time
On-Time Rent Payment Discount Was Unlawful
Pending Rent Overcharge Appeal Now Subject to Six-Year Base Date
DHCR Won't Consider Settlement Agreement Tenant Didn't Send to DRA
Tenant Can Withdraw Pending Overcharge Claim Without Notice to Landlord
DRA Mistakenly Ruled That Apartment Was Deregulated
Tenant Can Withdraw DHCR Complaint and File Claim in State Court Instead
Repeal of Fuel Cost Adjustments by HSTPA Is Effective as of June 14, 2019
Landlord Can Raise Rent-Controlled Tenant's Rent for First-Time Painting
Nonworking Security Cameras Weren't a Minor Condition
Landlord Can Evict Tenant for Drug Trade Conducted in Unit
Tenant Gets One-Year, 50 Percent Rent Abatement for Construction Noise
Landlord's Owner Occupancy Case Dismissed Based on HSTPA
Court Can't Stay Eviction of NYCHA Tenant
Tenants of J-51 Building Can Pursue Class Action Status
Pending Overcharge Case Reopened to Apply Six-Year Statute of Limitations
Court Must Recalculate Overcharge
Tub Reglazing Was Repair, Not Individual Apartment Improvement
Landlord's HDFC Status Was Unexplained in Court Papers
Court Finds 5 Percent Late Rent Payment Fee Unenforceable
Gap Between Apartment Door and Door Frame Was Minor Condition
Removal of Illegal Partition Wall Is a Reduction in Services
Rent Reduced Due to Heat and Hot Water Violation Despite Alternative Service
Services Restored by Time of DHCR Inspection
Reduced Management and Security Staff Hours Were Minor Conditions
Nuisance Claim Against Tenant for Excessive Noise Dismissed
Court Can Look Back More Than Six Years to Determine if Deregulation Was Improper
Net Lessee Has Standing to Commence Eviction Proceeding
Building Code Doesn't Require 24-Hour Elevator Service
Public Area Window Conditions Weren't Minor
Cracked Lobby Floor and Sidewalk Weren't Minor Conditions
Service Reduction Complaint Dismissed
DHCR Reconsiders Prior Decision That Community Room Was Maintained
Creation of Duplex Units Altered Per-Room MCI Increase
Project-Based Section 8 Building Is Exempt from Rent Stabilization
