May 1998
Tenant on ‘Painting Sabbatical' in California
Tenant Seeks Return of Overcharge Amount in Court
Landlord Not Entitled to Increased Amount
No Rent Deposit Required if Case Delayed ‘On Consent'
Tenant Not Forced to Vacate
Tenant Moved into Apartment with Outstanding Rent Reduction Order
Landlord Could Refuse Personal Checks
Certificate of Eviction Not Required to Evict Subtenant
Interim Use and Occupancy Awarded
Landlord Gets Fees in Nonpayment Case
Tenant's Wife Not Joined in Case
Tenant Gets Fees in Nonpayment Case
Tenant Must Pay Use and Occupancy While Case Pending
Two Sweepings Per Day Is Sufficient
Landlord Didn't Offer Equivalent Apartment to Elderly Tenants
No Proof that Assailant Was Intruder
Repairs Being Made When Violation Notice Issued
Tenant Attacked by Pit Bull
Hearing Required on Fees Due Landlord
Landlord Claims Plumbing Company Didn't Repair Leaks
Violation Issued on Collection Day
Landlord Can't Store Receptacles at Curb
Proper Boiler Registration Not Filed
Tenant Can't Raise C of O Argument on Appeal
Triple Damages Awarded for Willful Overcharge
DHCR Properly Reopened Rent Overcharge Case
Landlord Seeks Back Rent Due from SCRIE Tenant's Daughter
Landlord Entitled to Money Held in Escrow
Harassment Finding Terminated
Tenants Can't Stop Enforcement of Rent Deposit Law
Tenant Gets Fees
Landlord Didn't Challenge DHCR Order on Time
Landlord Didn't Submit DOB Form Asked for by DRA
Tenant Claims He Responded to Deregulation Petition
Landlord Incorrectly Calculated Amount
Prior Landlord Got J-51 Benefits
Tenants Can't Set Aside Court Agreement
Mentally Disabled Tenant Restored to Possession
Subtenant Overcharged
Hearing on Service Not Needed
Tenant Can Vacate Default
Agreement Didn't Create Preferential Rent
Minor Problems Aren't Breach
Drug Traffic in Tenant's Apartment
Unit with Market Rent of $2,800 Still Covered
Landlord Never Asked for Deposit
Rent Demand Didn't Break Down Amount Owed
Landlord Waited Over Three Months Before Starting Case
Tenant Liable for Rent While Occupant Still in Apartment
Petition Didn't Describe Type of Building
5% Late Fee Too Excessive
Apartment Never Decontrolled
Nonrenewal Notice Signed by Managing Agent Not Defective
Estimated Labor Costs Disallowed
Landlord Offered to Relocate Tenant
Tenants Can't Get More Time to Correct Breach
Tenants Claim Landlord Removed Benches
Landlord Proved It Sent DC-2 Notice to Tenant
First-Floor Apartment Combined with Cellar
Tax Returns Not Conclusive Evidence
Tenant Had Portable Washing Machine
Tenant Can't Delay Eviction
Tenant Absent from Apartment for 19 Years
Tenant Refused Access to Painting Contractor
DHCR Must Verify Tenant's Income
No Triple Damages
No 1/40th Improvement Increase for Brick Pointing
Landlord Claimed Tenant Conducting ‘Rooming House' Business in Apartment