September 2016
Download The Full Issue
LVT_2016_09_Final.pdf | 295.71 KB |
New Trial Ordered After Former Tenant Gets Full Rent Abatement for Apartment Conditions
Landlord's Retaliatory Action Resulted in Loss of Tenant's Section 8 Subsidy
Landlord Seeks Eviction of Tenant Based on Son's Illegal Drug Activity
Tenant’s Claim That Staircase Defect Caused Her Fall Dismissed
Income of Remaining Co-Tenant Was Below Deregulation Threshold
Landlord's Termination Notice Didn't Give Tenant Sufficient Notice of Claim
Tenant Who Withdrew DHCR Complaint Can Proceed with Claim in Court
Court Refuses to Evict Tenant Whose Barred Son Returned to Get Possessions
Settlement Agreement Vacated When Tenant Points Out Viable Rent Overcharge Claim
Landlord's Proof Insufficient
Police Raid at Apartment Resulting in Arrest of Non-Tenants Didn't Prove Tenant Nuisance
PAR Filed by Unauthorized Tenant Representative Dismissed
DHCR Finds No Indication of Fraud Warranting Review of Old Rents
Tenant Assaulted Other Tenant and Postal Worker
Tenant Claimed Landlord's Officer Wasn't Authorized to Sign Termination Notice
Trial Needed to Determine Why DSS Stopped Making Rent Payments for Tenant
Employee of Prior Landlord Became Rent-Stabilized Tenant
Landlord's Lease Assignment to Lender Didn't Bar It from Commencing Eviction Case
Landlord Accepted Alternate Recertification Date with Section 8 Tenant
Tenant Can Review Rent History Documents Predating Four-Year Base Date
Not Enough Systems Replaced to Qualify as Substantial Rehab
Did Tenant Reside in Apartment for One Year Before She Permanently Vacated?
Tenant Failed to Show She Lived in Apartment for 20 Years
Landlord Didn't Provide Gas Service to Tenant's Apartment
Rent Administrator Incorrectly Reduced Tenant's Rent
Gas Service Restored by Time of DHCR Inspection
Landlord Relocated Laundry Room to Basement Without DHCR Approval
Landlord's Rent Restoration Application Denied
Backflow Prevention Devices Qualify as MCI
Gas Risers and Meters Qualify as MCIs
Landlord Claims Skylights Installed in Connection with New Roof
One Apartment Exempt from MCI Rent Hike Due to Leak
Tile Floor Replacement Qualifies as MCI
No MCI Increase for Stucco and Waterproofing Without Pointing
Contractor Mobilization Costs Included in Approved MCI Costs
Landlord Can't Amend Rent Registrations to Reflect Claimed Substantial Rehab
Landlord Can't Amend Tenant's Annual Rent Registrations
Tenant Is Rent Stabilized, Not Rent Controlled
Tenant's Rent Frozen Due to Landlord's Improper 2012 Rent Registration
Engineering Fees for Pointing, Waterproofing, and Roofing Disallowed
DHCR Inspector Found Rust Stains and Leaks in Garage
Two Buildings on Same Tax Lot Didn't Comprise Horizontal Multiple Dwelling
Prior DHCR Order Determined That Building Was Exempt
DHCR Applies Default Method for $68,000 Overcharge
Default Formula Applied Where Landlord Submitted No Proof of Base Date Rent
Landlord Didn't Prove High-Rent Deregulation in Effect on Base Date
Overcharge Not Refunded Before Rent Administrator's Order Issued
Housing Court Settlement Agreement Resolved Overcharge Claim
No Rent Reduction for Vestibule Door Condition
DHCR Approves Replacement of Entry Keys with Key Fob System, with Conditions
Structural Supports Installed Without Permit Wasn't Pre-Existing Condition
Landlord Fined for Installing Fire Escape Without a Permit
Church Sign for "God’s Love" on Landlord's Building Wasn't Advertising
Sabbath Observance No Defense to Violation for Placing Trash Out Too Early
Landlord Fined $49,000 for Illegal Alteration of Two-Family Dwelling
Decrease in Janitorial Staff Was Minor Condition
Apartment Remains Rent Stabilized After J-51 Benefits Expire
Landlord Must Refund $80,000, Including Triple Damages
Landlord Responsible for Providing Heat
Rewiring Didn't Include New Risers to Each Apartment