March 2023
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| LVT_2023_03_Final.pdf | 401.7 KB |
New Burner Was Required by Law Before Useful Life of Old Burner Expired
Hallway Windows with Wired Glass Qualified as MCI
Building Rehabbed Under PHFL Program with HUD Financing Remained Rent Stabilized
Landlord Didn't Submit Sufficient Proof of Claimed Substantial Rehab
Landlord Didn't Show That 75 Percent of Building Systems Were Replaced
Landlord Can Replace Rent-Stabilized Tenant's Kitchen Window with Exhaust System
DHCR-Approved Service Modification for Gas to Electric Stoves Included Rent Reduction
Prior DHCR Approval Not Needed to File Late Apartment Registrations
Landlord Failed to Prove It Submitted IAI Documentation to the DRA
Triple Damages Revoked in Pre-HSTPA Overcharge Case
Landlord's Unlawful On-Time Rent Provision Resulted in Willful Rent Overcharge
Pre-Base Date IAIs Sufficiently Documented and Didn't Show Rent Fraud
Landlord Avoided Pre-HSTPA Triple Damages by Giving Tenant Rent Credit
Landlord Showed No Proof It Had Filed an Exemption Application with DHCR
Default Formula Applied to Overcharge Calculation Where No Base Date Lease Submitted
Tenant's Son Can't Get Rent-Stabilized Apartment
Daughter of Former Rent-Controlled Tenants Gets Rights to Unit Tenants Transferred to
Tenant's Monthly Rent Reduced to $1 Despite Landlord's Claim That Tenant Caused Fire
Tenant Claims Landlord Didn't Let Him Move Back into Apartment
Landlord Converted Gas Stoves to Electric Without Prior DHCR Approval
Federal Appeals Court Finds No Fifth Amendment Taking or Due Process Violation by HSTPA Amendments to RSL
Federal Appeals Court Denies Landlords' Constitutional Challenge to Rent Stabilization Law
Mitchell-Lama Co-op Tenant's Niece Can't Get Apartment
Appeals Court Upholds DHCR Rent Reduction Based on Reduction in Living Space
Landlord Had Improperly Deregulated Tenant's Apartment
DHCR Rent Reduction Order Can't Be Revoked Because Tenant Moved Out
DHCR Reasonably Denied Landlord Request to Amend Rent Registration
Overcharge Case Sent Back to DHCR for Further Investigation
Trial Required to Determine If Landlord's Dog Was Vicious
Guarantor Responsible for Rent Unpaid by Tenant Who Never Surrendered Possession
Landlord Didn't Properly Serve 90-Day Termination Notice on Tenant
Landlord Served Holdover Petition Too Far in Advance
Tenant Can't Prove Harassment by Landlord Where Some Tenants Were Permitted to Smoke
Court Refuses to Vacate ERAP Stay Where Tenant Was Subsidized
Tenant's Son Was Barred from Living with Section 8 Tenant
Court Can't Force SRO Tenant to Relocate Temporarily While Landlord Renovates
Landlord Can't Seek Back Rent from Section 8 Successor Tenant
No Proof That FHEPS Application Was Being Processed
Landlord Can Evict Tenant Who Didn't Prove Hardship under TSHA
Landlord Can't Make Second Request for Summary Judgment in Same Case
Court Upholds Kingston's Adoption of ETPA But Vacates RGB's Retroactive Rent Reductions
Acceptance of ERAP Funds Didn't Reinstate an Expired Tenancy or Create New Tenancy
New Trial Needed on Landlord's Nonprimary Residence Claim
Court Vacates Stay of Tenant's ERAP Application, Filed After Eviction Warrant Issued
Court Won't Vacate ERAP Stay Where Lease Not Renewed But No Eviction Warrant Yet Executed
Landlord Must Refund Full Disputed Security Deposit
No ERAP Stay Applies in Eviction Proceeding Based on Tenant Nuisance
Court Strikes Tenants' Untimely Jury Demand in Eviction Case
Mitchell-Lama Tenant's Niece Failed to Prove She Had Succession Rights
Court Will Reconsider Whether Rent Concessions for Initial 421-a Tenants Were Improper
March Insights
No MCI Increase for Work Done at Deregulated Buildings in Complex
