June 2016
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Eviction Case Against Tenant’s Son Stayed Pending His Appeal of HPD-Issued Certificate of Eviction
Landlord Denied Discovery on Short-Term Rental Claim Against Tenant
Landlord Not Responsible for Tenant's Injury from Burning Christmas Tree
Tenants Used Second Apartment for Storage, Not as Primary Residence
Landlord's Termination Notice Was Too Vague
Landlord's Termination Notice Sufficiently Described Apartment Conditions
Landlord Can Evict Tenants If They Don’t Remove Washing Machine
Default Judgment Against Tenant Vacated in Light of His Disabilities
Tenant Diligently Sought HRA Rental Assistance
Loft Tenant Violated Fire Code by Blocking Sprinkler System
Landlord Not Responsible for Shooting of Two Tenants in Vestibule
Landlord’s Predicate Notices Were Defective
Tenant Can Seek Punitive Damages in Slip-and-Fall Case
Landlord Created Illegal Cellar Apartment
Co-op Can Evict Shareholder Tenant for Objectionable Conduct Based on Short-Term Rentals
Landlord Can Change One Elevator to a Shabbat Elevator
Refrigerator Temperature Settings Showed No Defect
Pointing and Waterproofing Work Performed Without Useful Life Waiver
Installation of BPD, Including Initial Testing and Engineer Inspection, Qualifies as MCI
No Proof Tenant's Three Pit Bulls Created Hazardous Condition
Tenants Can Conduct Pretrial Questioning of Commercial Tenant
Landlord Didn't Send 90-Day Termination Notice After Foreclosure
Tenant’s Complaint Dismissed for Failure to Properly State a Claim
Landlord Can't Sue Successor Tenant for Nonpayment of Rent
1985 Rent Reduction Order Froze Rent Until Rent Restored in 2015
Landlord Can't Maintain Illegal Sublet Claim
Landlord Claims Co-Op Tenant Installed HVAC System Without Permission
Landlord Tries to Recover Building for Non-Profit Use
Super Gets Delay of Eviction Case Pending Outcome of Discrimination Claim
Apartment Occupant's Removal of Lobby Painting Didn't Constitute Nuisance
Landlord Didn't Prove Bedbugs Were Eradicated
No Fraud Found in Connection with Apartment Rent History
Rusted Fire Escape Isn't a Minor Condition
Court Order Settled Rent Overcharge Claim Before DHCR Decided Case
Tenant's Refiled PAR Dismissed for Procedural Defects
Backflow Prevention Device Qualifies as Major Capital Improvement
Landlord's Rewiring Work Was Piecemeal
Landlord's Useful Life Waiver Application Was Untimely
Tenants with Defective Windows Excused from Paying MCI Increase
Gas Re-Piping Qualifies as MCI, Even If Done to Remedy Gas Leak
No Overcharge Found for Months Where Landlord Didn’t Accept Rent Payments
Landlord Removed Laundry Room from Tenant's Floor
No Fraud Found Although Apartment Improperly Deregulated
No Triple Damages for Overcharge Based Solely on Rent Reduction Order
Painting and Plastering Costs Disallowed as IAIs
Tenant Claims Building Security Reduced After Elevator Change
No Fraud in Connection with Tenant's Overcharge Claim
Legal Rent Increase Waived
Rent Frozen at Preferential Rent
7-A Administrator Didn't Cause Rent Overcharge
Landlord Proved Individual Apartment Improvements Were Done
Tenant Destabilized for Not Responding to Deregulation Notice
Landlord Can Raise Tenant's Rent Based on Stove Replacement
Landlord Sealed Chimney So Tenant Couldn't Use Fireplace
Tenant Claims Garage Space Is Required Ancillary Service
Tenant's Post-Mitchell-Lama Program Leases Had Expired
HPD's Revocation of Tenant's Subsidy Was Too Severe a Penalty
Tenant Doesn't Prove There Were Ice Patches in Parking Lot
Tenants' Son Can't Get Subsidized Apartment
Is Landlord Responsible for Laundry Room Attack on Tenant?