July 2021
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Application to Modify Lobby Attendant Service Denied
Landlord Can Replace Steam Heat System with Electric Baseboard Heat
Landlord Didn't Prove Building Was Substantially Rehabilitated
DHCR Mistakenly Directed HDFC Co-op Building to Register as Rent Stabilized
Low-Income Co-op Not Subject to Rent Stabilization or Registration Requirements
Landlord Can Amend 2015 Rent Registration Based on Separate DHCR Order
Lease Renewal Complaint Dismissed Since DRIE Issues Had Been Resolved
Occupant Not Entitled to Renewal Lease and Didn't Claim Succession Rights
Rent-Stabilized Tenant's Grandson Gets Apartment
Deregulation Applications Filed in 2019 Dismissed Due to HSTPA
Unapplied Rent Reduction Order Froze Tenant's Rent
Landlord Proved Vacancy Deregulation of Apartment
Landlord Showed Lease History of Preferential Rent and Lawful Rent Increases
DHCR Rejects Landlord's Claim That New Apartment Was Lawfully Created and Deregulated
No Fraud by Landlord Who Deregulated J-51 Unit During Post-Roberts Confusion
DHCR Overcharge Case Reopened to Reconsider Tenant's Fraud Claim
MBR Increase Denied Based on Failure to Certify Violation Correction
Vacancy Increase Granted for Tenant Who Was Prior Tenant's Roommate
No Indicia of Fraudulent Scheme to Deregulate Apartment
Tenant Who Moved into Building After Co-op Conversion Wasn't Rent Stabilized
Document Production Needed to Determine Proper Legal Rent Calculations
Did Landlord's Window Contractor Cause Tenant's Injuries?
Landlord Penalized $5,000 for Harassing Tenant
Court Finds No Fraudulent Scheme to Deregulate Apartment
Punitive Damages Imposed on Landlord Who Shut Off Tenant's Water During Pandemic
Conviction of Landlord Who Caused Building Explosion, Death, and Injury Upheld
Court Won't Issue Injunction to Force Co-op Tenant to Wear Mask in Lobby
Fire from Cigarette on Tenant's Fire Escape Didn't Create a Nuisance
CEEFPA Hardship Declaration Stayed Eviction Case Against Former Super
Court Dismisses Roommate's Illegal Lockout Claim Against Tenant
Hardship Declaration Filed in Ejectment Action Stays Case Through August 2021
Tenant's Alleged Domestic Partner Can't Get NYCHA Apartment
Deceased Super's Domestic Partner Gets Stay of Eviction Under CEEFPA
Super's Letter Request to Vacate Default Judgment Denied
No Indicia of Fraud Found in Connection with Tenant's Dismissed Overcharge Claim
Court Certifies Class Action for Overcharge Claims of J-51 Building Tenants
Trial Needed to Determine Whether Building Contained Six or More Apartments
Licensee Daughter Not Eligible for Eviction Moratorium Protection
Tenant Can't Claim Improper DHCR Registration of Pre-Base Date Rents
Landlord Fined for Failing to Test Sprinkler System
Landlord Fined $3,750 Based on Tenant's Apartment Sublet for Transient Use
Duplicate Violation Notice for Same Item on Same Date Dismissed
Landlord Fined $1,250 for Building Facade Violation
Landlord Fined $500 for Not Submitting Annual BPD Test Report
DHCR Applies Safe Harbor Rule on Appeal to Eliminate Triple Damages
Triple Damages Applied to Overcharge Based on Prior Rent Reduction Order
No IAI Rent Increase Granted for Bathtub Reglazing
DHCR Uses Waiver Rule to Set Apartment's Legal Rent
Overcharge Resulted from Incorrect Guidelines Increase for SRO Unit
Landlord Not Responsible for Attack on Tenant in Building
Landlord Didn't Serve Timely Lease Nonrenewal Notice
No Fraud by Landlord Who Mistakenly Deregulated Apartment
DHCR Properly Reduced Rents Based on Out-of-Order Elevator
Laundry Cart Service Removal Not a De Minimis Condition
July Insights