March 2021
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MCI Increase Granted for New Gas System Despite Six-Month Gas Shut-Off
MCI Application Filed Within Two Years of Final Payment Date Was Untimely
Building That Was 80% Occupied When Work Began Wasn't Substantially Rehabbed
Building That Was Part of HMD in 1984 Is Rent Stabilized
Landlord Didn't Prove Building Was Substantially Rehabbed
Overcharge for Unit in J-51 Building Must Be Calculated Using Regina Methodology
Tenant's Collectible Rent Frozen by Prior DHCR Rent Reduction Orders
Landlord Couldn't Collect 2.2% Rent Increase from Tenant Without 421-a Lease Rider
Landlord's Late Filing of Missing Rent Registrations Prevented Rent Freeze
DHCR Won't Accept Missing Lease Record Submitted for First Time with PAR
No Triple Damages Despite Partial Disallowance of IAI Rent Increase
Tenants Get Attorneys' Fees in DHCR Rent Overcharge Proceeding
No Indication Found of Fraudulent Scheme to Deregulate Apartment
No Overcharge Where Tenant Paid $800 for Years Without Lease
HSTPA Limitations on Owner Occupancy Claim Can't Be Applied Retroactively
No Fraud Found in Connection with Rent Overcharge
Landlord Didn't Prove There Was a Preferential Rent
DHCR Decision Granting IAI Rent Increases Upheld by Appeals Court
Four Apartments with Leaks Permanently Exempted from MCI Rent Hikes
Occupants Lose Succession Claim Where Tenant Left Years Ago
Tenants' Claim of Financial Hardship, Health Risks Delays Landlord's Recovery of Unit
Improperly Deregulated Tenant in J-51 Building Can Raise Rent Fraud Claim
Tenant Without Proof of Mold Didn't Show Harassment by Landlord
Did Building Have Six or More Apartments Anytime Since 1974?
Trial Court Incorrectly Found Indicia of Fraud in Overcharge Case
Tenant's Son and Son's Girlfriend Get Apartment
Tenant's Son Who Used Apartment for Illegal Business Can't Get Pass-On Rights
Landlord Must Correct HPD Violations and Remediate Mold
Landlord Didn't Prove Nonprimary Residence of Rent-Controlled Tenant
Landlord Illegally Locked Tenant Out of Room in House
Landlord's Request to Restore Eviction Case to Court Calendar Denied
Nonpayment Case Against Successor Tenant Dismissed
Using Default Formula, Court Orders Landlord to Refund $120,000 Overcharge
Landlord Not Responsible for Tenant's Slip and Fall
Landlord Fined $2,000 for Harassing Tenant
Court Rules CEEFPA Applied to Ejectment Action
Tenant Can't Sue NYCHA Over Accommodations in Scheduling Repairs
Former Employee of Temporarily Exempt Unit Didn't Become Rent Stabilized
Overcharge Calculation Reduced, Attorney Fees Awarded in Regina Remand Case
Landlord's 2019 Deregulation Applications Dismissed Based on HSTPA
No Fraud Found in Connection with Rent Overcharge Claim
Landlord Who Charged Less Than Legal Rent Waived Higher Rent
Landlord Waived Right to Collect A/C Surcharge
Rent Administrator Miscalculated Rent Overcharge
Parking Space Was Required Service Despite No Written Agreement
Gas Service Was Restored Before DHCR Inspection
Tenant's Elevator Service Complaint to DHCR Properly Dismissed
Landlord Can't Refuse to Accept Packages Based on Size and Electronic Content
DHCR Incorrectly Added Corrected Conditions to Order Denying Rent Restoration
Evicted Tenant Presents No Cause for Restoration to Possession
NYCHA Can't Evict Tenant Who Struck Its Employee
Eviction Warrant Vacated Under CEEFPA Despite Default Judgment Based on Nuisance
Does Son Have Pass-On Rights to Rent-Stabilized Apartment?
Landlord's Appeal of DHCR's Order Was Premature
Apartment Door Conditions Were Not De Minimis
Tenant Didn't Prove Service Reduction Based on Construction Noise and Dust
Fire Damage Repaired by the Time of DHCR Inspection
Tenant Didn't Reschedule After Canceling DHCR Inspection
Rent Reduction Order Revoked Because Building Was Exempt
March Insights
