November 2009
Building Rehabbed Under HODAG Program Is Rent Stabilized
Apartment Damage Insufficient Grounds for Eviction
Was Landlord Responsible for Sidewalk Defect?
No Overcharge Where Legal Rent More Than $2,000
Landlord Discontinued Package Acceptance Service for Tenants
Peeling Paint on Window Frame Was Minor Condition
ICF Was Sent in Timely Manner
Prior Court Ruling Determined No Substantial Rehab
Tenant's Daughter Can't Get NYCHA Apartment
Tenant's Son Gets Rent-Stabilized Apartment
Landlord Didn't Prove 2007 Renewal Lease Offer
Tenant Refused Access for Repairs
Landlord Didn't Show Which Water Heater Was Replaced
Did Landlord Need Apartment for His Brother's Use?
Is Occupant Licensee or Tenant?
Basement Apartment Existed When Landlord Bought Building
Lead Paint Complaint Should Go to HPD, Not DHCR
Exit Registration Not Required to Deregulate Apartment
SRO Occupant Is Rent-Stabilized Tenant, Not Squatter
Useful Life of Burner Had Expired
Landlord Didn't Prove Tenant Paid Preferential Rent
Landlord's Request to Restore Case to Court Calendar Insufficient
Landlord's PAR Filed Too Late
Landlord Didn't Provide Two Means of Egress
Tenant Used Mitchell-Lama Apartment as Pied-a-Terre
J-51 Apartments Improperly Deregulated
Guns and Ammunition Found in Apartment
Landlord Must Refund Double the Amount of Tenant's Security Deposit
Landlord Not Required to Add Tenant's Domestic Partner as Co-Tenant
Landlord's Termination Notice Was Too Vague
DHCR Correctly Granted MCI Rent Hikes for Pointing and Waterproofing
Landlord Added Illegal SRO Units to Two-Family House
Licensee Became Tenant When Landlord Accepted Rent from Her
Tenant's Fourth Request to Delay Eviction Denied
Proof of Tenant's Rent Payments Not Needed
No Fraud Found
Deregulation Not Barred by Unusual Spike in Income
Landlord Must Pay Tenant's Attorney's Fees to Discontinue Case
Building Wasn't Substantially Rehabilitated
Tenant Violated Commercial Lease by Living in Unit
New Claims About Vermin Weren't in Initial Complaint
Daughter Didn't Reside with Tenant for Two Years Before Tenant Died
Landlord Not Ready for Trial
Landlord Replaced Refrigerator
Son of Tenant Who Moved Out 10 Years Ago Has No Pass-On Rights
Landlord Seeks Restoration of Rents Reduced by 1982 CAB Order
President of Corporate Landlord Not Personally Responsible for Negligence
No Preferential Rent Agreement in Prior Renewal Leases
Landlord Didn't Follow Proper Procedure to Withdraw Apartment from Rental Market
Landlord Waived Air-Conditioner Surcharge
Rent Hike Granted for Replacement of Sidewalks, Walkways, and Curbs
Exterior Restoration Work Wasn't Comprehensive
Four-Year Rule Applies to Overcharge Claim
Landlord Proved Cost of Individual Apartment Improvements
Triple Damages Revoked for Timely Overcharge Refund
Tenants No Longer Rent Stabilized After Substantial Rehab
Restoration of J-51 Offset of MCI Rent Hike Effective After Order Issued
J-51 Building Exempt from Deregulation Even After Benefits Expire
Landlord Fined for Nine Uncovered Garbage Cans
Landlord Fined for Blocking Street During Sidewalk Repairs