September 2015
Download The Full Issue
| LVT_2015_09_Final.pdf | 247.92 KB |
Four-Year Rule Applied to Overcharge Claim
Post-Judgment 10-Day Cure Doesn’t Apply to Illegal Sublet
Landlord Should Have Started Eviction Case in Housing Court
Overnight SRO Guest Becomes Hotel-Stabilized Tenant
DHCR Dismissal of Claim Didn't Bar Court from Determining Issue
Tenant's Wife Gets Rent-Controlled Apartment
Hotel Guest Claims Permanent Tenant Status
Occupant Claiming Pass-on Rights Not Entitled to Pretrial Questioning
Co-op Board Disapproved Tenant’s Proposed Sale of Apartment
Landlord Can't Evict Tenant Whose Son Visited Briefly
Tenant Doesn't Prove Rent-Stabilized Apartment Was Primary Residence
Tenant Seeks to Evict Former Girlfriend
Tenant Spent Most Days at Mother’s Yonkers Home
Landlord's Notice to Quit to Squatter Didn't State Enough Facts
Court Rejects HPD Vacate Order
DHCR Won't Rule on Overcharge Claim Based on Late Fees
Building Converted from Six to Four Apartments Remains Rent Stabilized
Four-Year Rule Applies to Deregulated Apartment
DHCR Excuses 89-Year-Old Tenant’s Default in Deregulation Case
Tenant Deregulated After Default in Deregulation Proceeding
Cracked Terrace Tiles Weren't Minor Condition
Replacement Refrigerator Defective and Too Small
MCI Increase Properly Granted for Stuyvesant Town Elevator Upgrade
Water Accumulation on Terrace Wasn't Minor Condition
DHCR Can't Investigate Tenant's Income in Deregulation Case
Substantially Rehabilitated Building Exempt from Rent Stabilization
Tenant Didn't Answer High-Rent/High-Income Application
TPU and DRA Calculate Rent Overcharge Differently
Triple Damages Revoked
Overcharge Caused by Rent Reduction Order
DHCR Relied on Building-Wide HPD Heat Violation
Landlord Proved Cost of Individual Apartment Improvements
Long-Term Tenant Was Rent Controlled
Apartment Deregulated by High-Rent Vacancy After Base Date
Overcharge Caused by Rent Reduction Order Deemed Willful
Elevator Out of Service Temporarily for Maintenance
Terrace Is Required Service Despite Lease Provision to the Contrary
Construction Dust During Apartment Renovation Wasn't Minor Condition
Landlord Replaced Only 66 Percent of Windows
Additional Work Didn't Extend Two-Year MCI Filing Deadline
Failure to Fix Toilet Flusher Isn't Minor Condition
Rent-Controlled Tenant's Grandson Claims Succession Rights
Overcharge Resulted from Incorrect Deregulation of Apartment Subject to J-51 Benefits
Landlord and Tenant Both Responsible for Overcharge of Subtenant
DHCR Relied on HPD Hot Water Violations to Reduce Rent
Illegal Apartment in Basement
Landlord Can't Paint Fire Escapes Without Landmarks Preservation Commission Approval
Tenant Fined for Keeping Unvaccinated Dog and 21 Cats in Apartment
No Proof DEP Ordered Landlord to Install Device
Sprinkler System Not Required in Pre-Existing Laundry Room
Landlord Claims Criminal Activity by Tenant's Household Member
Termination Notice Sufficiently Described Objectionable Conduct
Landlord Can Evict Tenant Who Didn't Pay Back Rent
Late Rent Payment Was Minor Violation of Agreement
Tenant's Husband Claims Succession Rights
Tenant Can Review Pre-Base Date Rent Records
Landlord's Notices to Tenant Were Contradictory
No Rent Abatement for Second-Hand Smoke Claim
Rent Demand Defective
Landlord Can't Charge Tenant Legal Fees Without Court Order
