March 2022
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Landlord Can Eliminate Fireplace Services for a $5 Monthly Rent Reduction
Accessibility Lift Qualifies as an MCI
Landlord Waited Too Long to File MCI Application
Repiping to Tenant's Apartment Was Installed Through Ceiling Below
No MCI Increase for Basement Lighting
Tenant Who Lived in Building Before Substantial Rehab Remained Rent Stabilized
Long-Term Tenant with No Lease Was Subject to Rent Stabilization
Building Had Six Apartments and Was Subject to Rent Stabilization
Building That Currently Contained Six or More Apartments Was Rent Stabilized
Landlord Must Add Rent-Stabilized Tenant's Husband to Renewal Lease as Co-Tenant
Successor Rent-Stabilized Tenant Not Entitled to Continuation of Preferential Rent
Landlord Must Execute Renewal Lease Tenant Signed Even Though It Later Terminated Tenancy
Landlord Offered No Timely Excuse for Failing to Offer Renewal Lease
Landlord Must Refund $198K for Overcharge Resulting from Rent Reduction Order
No Triple Damages Where Landlord Inadvertently Failed to Preserve Preferential Rent
DHCR Can't Rule on Landlord's Failure to Return Security Deposit
On-Time Rent Payment Discount Wasn't Preferential Rent
Contractor Who Performed IAIs Shared Identity of Interest with Landlord
Landlord Proved Apartment Was Deregulated 12 Years Before Overcharge Complaint
Landlord Proved IAI Costs
Landlord Must Reimburse Tenant for Excessive Gas Charge Caused by Gas Leak
Tenants in J-51 Building Qualify for Class Action Certification
Landlord Can Continue to Seek Money Judgment in Case Commenced Before Tenant Moved Out
Landlord Who Disputes Tenant's Hardship Declaration Can Conduct Pre-Trial Questioning
Court Directs Landlord Seeking Ejectment to Pursue Eviction in Housing Court
Landlord Improperly Deregulated Rent-Stabilized Apartment
Housing Court Can Direct Landlord to Correct Violations in Loft Building
Replacement of Window A/C with Portable A/C Wasn't a Reduction in Required Services
Eviction Case Against ETPA Tenant Without Stated Grounds Was Dismissed
Appeals Court Reinstates Tenants' Dismissed Harassment Claim
Disabled Tenant Needs Emotional Support Dog
Loft Unit Exempt from Rent Stabilization After Sale of Prior Tenant's Rights and Improvements
Appeals Court Finds Rent Overcharge Must Be Recalculated
Appeals Court Upholds DHCR Explanatory Addenda Concerning Pre-HSTPA Deregulation Orders
Court of Appeals Upholds Loft Board Rejection of Landlord-Tenant Settlement Creating Illegal Living Arrangement
SRO Tenants Get Preliminary Injunction Against Landlord's Use of Video Cameras Inside Building
Former Tenants of Foreclosed Property Didn't Pay Rent and Couldn't Stay Eviction Under ERAP
Eviction Case Dismissed Despite Tenant's Default Based on Improper Service of Hardship Declaration Form
Pedestrian Injured by Falling Lounge Chair Can Sue Absentee Tenants for Negligence
Case Dismissed When Tenant Testified He No Longer Sought Restoration to Possession
DHCR Applies Regina Case Four-Year Rule to Set Base Date Rent and Calculate $64K Overcharge
On-Time Rent Discount Doesn't Qualify as Preferential Rent
DHCR Revokes Overcharge Finding Since Landlord Correctly Calculated MCI Rent Hikes
DHCR Properly Calculated Overcharge Refund Due to Tenant Getting DRIE and DSS Benefits
Overcharge Case Reopened Because DRA Issued Order After Tenant Asked for More Time to Submit Info
Rent Frozen at Base Date Rent Based on Landlord's Failure to Register Apartment
Landlord Proves Base Date Rent Through Rent Receipt
Tenant's Legal Rent Must Be Based on Prior Unit's Rent After Tenant Transfers to New Unit Within Building
Late Filing of PAR Not Excused by Tenant's COVID Infection
DHCR Amends Rent-Controlled Apartment's Rent History to Include Missing MCI Increases
March Insights
