November 2021
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Tenant's Extended Absence for Hospitalization Excusable
Rent-Stabilized Tenant's Son Can't Prove Succession Rights
Lower Court Improperly Applied HSTPA Amendments Retroactively
Landlord Challenges Tenant's Hardship Declaration
Landlord Forged Marshal's Eviction Notice and Posted It on Tenant's Door
Vacancy Lease for Tenant and New Co-Tenant Didn't Cause Vacancy Deregulation
Eviction Petition Didn't State Tenant's Section 8 Status
Landlord Who Illegally Evicted Tenant Must Restore Tenant to Re-rented Apartment
Advocate-Witness Rule Barring Attorney Testimony Didn't Apply to Law Firm Employee
Eviction Petition Dismissed Based on Defects in Notice to Cure
Tenant Fails to Rebut Landlord's Proof of Nonprimary Residence
Tenant's Conduct Endangers Health and Safety of Residents
Landlord Who Questions Tenant's Hardship Declaration Is Entitled to Hearing
Court Dismisses Tenant's Disability Discrimination Claim
Tenants Claim Breach of Warranty of Habitability and Harassment
Tenant Wins Termination of Guardianship Despite Concerns Over Eviction Proceeding
Tenant's Rent-Stabilized Status Not Extended Under Addition of Affordable Units
CEEFPA as Amended Expands Definition of Protected Tenants
Landlord's Incorrect Collection of Rent Increases from 421-a Tenants Wasn't Willful
Tenant's Daughter Gets Rent-Stabilized Apartment
Landlord Fails to Prove Building Was Substantially Rehabbed
Two Buildings Were Horizontal Multiple Dwelling Subject to Rent Stabilization
Landlord Can't Amend Prior Rent Registration to Reflect Vacancy Deregulation
Landlord Who'll Pay for Related Tenant Electricity Costs Can Replace Gas Stoves with Electric
DOB Filing Fees Deducted from Elevator Upgrade Costs for MCI Rent Hike
MCI Increase Granted for Air Conditioning Grill Installation
IAI Rent Increases Disallowed Without Written Tenant Consent
HDFC Building Receiving J-51 Tax Benefits Was a Co-op
Landlord Can Convert Steam Pipe/Radiator System to Electrical Baseboard System
Tenant Proves She's Been Apartment's Rent-Controlled Tenant Since 1967
No Triple Damages for Overcharge Based on Rent Reduction Order
Rent Overcharge with Triple Damages Based on Unproven IAIs Totaled Over $300,000
IAIs Apparently Paid by Landlord to Contractor with Identity of Interest
No Vacancy Deregulation for Apartment Based on Rent Act of 2015
No Triple Damages for Overcharge Based on Rent Reduction Order
Apartment Rented in 1998 After Period of Temporary Exemption Was Rent Stabilized
DHCR Deemed Renewal Lease for Tenant Who Had None on Date of Deregulation Order
Two-Family House Was Converted to Illegal Six-Unit SRO
Landlord Avoided Triple Damages by Timely Overcharge Refund
Rent Overcharge Determined Under Default Formula Using DHCR Sampling Method
Landlord Didn't Correct Condition Until After Initial Hearing Date
Individual Who Still Got Property Tax Bills Was Properly Named Owner in Violation Notice
DOB Made Sufficient Effort to Serve Violation Notice Personally
Landlord Fined $64,000 for Unlawful Conversion of One-Family Home to SRO Units
Landlord Didn't Maintain Walls Safely and Didn't Prove It Couldn't Stop Harmful Work Next Door
Federal Appeals Court Upholds NYC COVID Harassment Laws
Unregulated Tenant Can Evict Roommate Who Claims They Were Domestic Partners
Landlord Can't Evict Successor Tenant for Not Paying Prior Tenant's Unpaid Rent
Appeals Court Revokes Lower Court's Order to Vacate Settlement Agreement
Tenant Doesn't Prove Harassment Based on Alleged Toxic Odor
Tenant's Granddaughter Gets Rent-Stabilized Apartment
Project-Based Section 8 Tenant's Son Can't File Succession Claim with DHCR
November Insights
