November 2022
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Tenant Needn't Pay MCI Increase Under Vacancy Lease If Not Notified of Pending Application
No MCI Increase for Architect Fees That Duplicated Engineering Fees
MCI Increase Granted for Gas Piping Installed with Unit Renovations
MCI Increase Granted for CCTV Security Camera System
Prior Pointing and Waterproofing Was Part of Project Whose Useful Life Hadn't Expired
Gas Piping Service Costs for New Boiler Disallowed
Landlord's Wheelchair/Accessibility Ramp Wasn't a Building-Wide Improvement
DHCR Mistakenly Directed HDFC Co-op to Register as Rent Stabilized
Son of Rent-Controlled Tenants Is First Successor, Not Second
Landlord Improperly Deregulated Apartment While Building Received J-51 Benefits
Tenant's DHCR Lease Complaint Issues Already Pending in Court Case
Landlord Must Add Tenant's Wife's Name to Rent-Stabilized Renewal Lease
No Proof Landlord Combined Units to Create New, Unregulated Unit
Landlord Can't Amend Rent Amount Registered
Rent Overcharge Wasn't Willful
Tenant's Apartment Was Properly Vacancy-Deregulated
Landlord Responsible for Tenant's Overcharge of Subtenant
No Fraud Found in Connection with Rent Overcharge
Housing Court Should Determine Amount of Overcharge in Nonpayment Case
No Notice to Landlord Required for Apartment Inspection
Kitchen Floor Damage Wasn't a Minor Condition
Tenant's Monthly Rent Properly Reduced to $1 After Fire
Landlord Improperly Discontinued Roof Access to Building Tenants
Landlord Claims Tenant Refused Access for Repairs
Illegal Apartments Were Still Subject to Rent Stabilization
Nuisance Holdover Dismissed for Failure to Serve Petition Properly
Landlord Held in Civil Contempt for Noncompliance with Court Order
Tenant's Son Can't Get Mitchell-Lama Co-op Apartment
Landlord Can't Add Deceased Tenant's Spouse as Party to Nonpayment Case
Court Refuses to Vacate ERAP Stay During Pending Holdover Proceeding
Landlord Can Seek Back Rent from Rent-Controlled Successor Tenant
Landlord Not Responsible for Deceased Tenant's Slip-and-Fall During Storm
Federal Court Dismisses Tenant's Case Against Landlord, HPD, and Housing Court Judge
Landlord Must Pay Penalties After Trial Court Finds Landlord Harassed Tenant
Court Won't Vacate ERAP Stay Where Landlord Presents No Proof of Nuisance
RPAPL Section 226-c Didn't Require Personal Service of Lease Nonrenewal Notice
Wrongful Death Claim Against NYCHA by Police Officer's Family Was Untimely
Co-op Shareholder Tenants Get Attorneys' Fees in Mold Case
Tenant's Federal Lawsuit Against NYCHA for Lack of Heat and Hot Water Dismissed
Shelter Occupant Had No Constitutional Right to Housing
Landlord Shows No Reasonable Excuse for Default in HP Proceeding
Apartment Occupant Can't Get Succession Rights to NYCHA Apartment
Jury Waiver Clause in Tenant's Lease Was Enforceable in Federal Court Action
Landlord Filed Affidavit of Service of Petition Late
No Negative Inference Drawn by Court Where Tenant Didn't Testify
Court Denies Landlord's Request to Vacate ERAP Stay
Tenant Entitled to Almost $74K for Rent Overcharge
Landlord Seeking DHCR Demolition Approval Needn't Prove Finances for Post-Demolition Work
November Insights
