November 2017
Download The Full Issue
| LVT_2017_11_Final.pdf | 398.72 KB |
Occupant Was Hotel-Stabilized Tenant
Court Incorrectly Set Damages for Breach of Warranty of Habitability
Occupant Can't Prove Succession Rights
Appeals Court Reverses Order to Restore Tenant to Possession
DOB Violation Proved Building Contained at Least Six Units
Was Building Legally Converted to Fewer Than Six Apartments?
Tenant Gets 31 Percent Rent Abatement for Apartment Conditions
Landlord Can Evict Tenant for Objectionable Conduct
Tenant Proved Building Contained at Least Six Apartments
Prior Registered Rent Was More Than Rent Charged to Tenant
Landlord Sent Refund in Response to DHCR Complaint
Legal Rent Was Based on Maximum Collectible Rents Set by DHCR
No Overcharge or Fraud Found to Trigger Review of Pre-Base Date Rent History
No Overcharge for MCI Rent Hike Upheld by DHCR
Landlord Waited Too Long to Collect Appliance Surcharge
Tenant's Mother Claims Loose Handrail on Staircase Caused Fall
Tenant's Rent Subsidy Terminated Based on Criminal Drug Activity
DHCR Reasonably Applied Default Formula to Set Base Date Rent
Landlord Can't Prove Tenant Broke a Two-Year Lease Agreement
Tenant Can Conduct Pretrial Questioning in Nuisance Case
Landlord Can Replace Front Door Keys with Magnetic Lock and Key Fobs
Landlord Must Apply to DHCR for Ruling on Substantial Rehab Exemption
Cost of Relining Elevator Cabs Excluded from MCI Increase
Unamended MCI Application Deemed Untimely by DHCR
Hallway Restoration Work Didn't Qualify as MCI
Individual Apartment Improvements Were Done Before Tenant Moved In
Lead Paint Abatement Isn't an Individual Apartment Improvement
Landlord Claims Tenant Isn't Rent Stabilized
1993 Rent Reduction Order Results in $92,000 Overcharge
Rent-Stabilized Tenant's Son Claims Succession Rights
Landlord Can Evict Low-Income Housing Tenant Who Didn't Report Income
No Proof Roommate Was in Family-Type Relationship with Tenant
Landlord Can Continue Collecting Cumulative 2.2 Percent Rent Surcharge After 421-a Benefits Expire
Triple Damages Applied Where Individual Apartment Improvements Were Disproved
Landlord Must Refund to Tenant Portion of Rent Overcharge Paid by SCRIE Program
Landlord Fined for Installing Gas Pipe Fittings Without Permit
Landlord Fined $6,200 for Converting Two Apartments to Seven SRO Units
Landlord Didn't Prove He Made Reasonable Efforts to Clean Sidewalk
Landlord Fined for Tenant Installation Performed While Stop-Work Order in Effect
Penalties for Not Submitting Annual BPD Test Report Reduced
Reduction in Building Staff Didn't Decrease Janitorial Service
Landlord Didn't Prove Two Access Requests Were Made
Landlord's Claim That Tenant Rejected New Stove Offered Was Untimely
Landlord Must Give Tenant Six Front Door Keys for Apartment Occupants
Landlord Didn't Appear at DHCR No-Access Inspection
Warped Kitchen Floor and Other Conditions Weren't Minor
Landlord Didn't Prove It Made Access Requests
Unreliable Base Date Rent Yields $117,000 Overcharge Finding
$44,000 Overcharge Found Where Landlord Failed to Answer Complaint
Refund from Landlord to DSS Deducted from Overcharge Finding
Failure to Provide DHCR Rider Documenting Improvements Didn't Bar IAI Rent Increase
Landlord's Proof of Individual Apartment Improvements Was Sufficient
Landlord Didn't Waive Right to Collect Appliance Surcharges
No Fraud Found in 1984 Rent Registration or 1994 Improvements
Rent-Stabilized Tenants Overcharged Roommate
Landlord and Tenant Must Contact SCRIE Program Regarding Overcharge Amount
Landlord Charged Less Than Fair Market Rent to First Rent-Stabilized Tenant
Improperly Deregulated Apartment Remained Subject to Rent Stabilization
Indications of Fraud Warranted Overcharge Finding
Landlord Failed to Preserve Proof of Preferential Rent
Suspension of Tenant's Subsidy Due to Apartment Conditions Wasn't Grounds for Eviction
No Landlord-Tenant Relationship Between Sisters
No Illusory Tenancy Created in Loft Unit
Landlord Didn't Disclose Tenant's Mental Health Status
Tenant Can Conduct Pretrial Questioning on Rent Overcharge and Fraud Claims
Landlord Can't Sue to Evict Super's Roommate Without Also Adding Super to Case
Landlord Improperly Sought Eviction of Section 8 Tenant
Tenant Who Claims Fraud Can Get Pre-Base Date Document Production
Landlord Fined for Late Installation of Backflow Prevention Device
Landlord Fined for Not Posting Fire Safety Notices
