September 2021
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Unlawful Apartment Occupants Get No Delay of Eviction Case Under CEEFPA
Housing Court Decides to Enforce DHCR Service Reduction Order in HP Proceeding
Flooding Leaves Apartment Uninhabitable
Court Denies Former Tenant's Request to Dismiss Unpaid Rent Claim
Landlord's Chronic Nonpayment Claim Insufficient to Warrant Eviction
J-51 Lease Rider Notice of Deregulation Not Required in Building Otherwise Rent Stabilized
Tenant's PAR Dismissed After Second Defective Filing
MCI Increase Granted for Installation of CCTV Security System
No MCI Increase for "Groupwork" Kitchen/Bathroom Renovations
Architectural Fees Relating to Canopy Restoration Added to MCI Rent Hike
Pre-HSTPA Request to Determine Legal Rent Subject to Four-Year Lookback Period
Landlord Used Incorrect Test Year Period for Alternative Hardship Application
Landlord Can't Amend Rent Registrations to Add IAI and Vacancy Increases
Rent-Controlled Tenant's Granddaughter Gets Apartment
Landlord Proves It Sent Fully Executed Renewal Lease
No Rent Fraud Where Landlord Set New Rent After Base Date Vacancy
Triple Damages Applied to Rent Overcharge Determination
DHCR Denies 2020-21 MBR Increases
Rent Restored Despite Tenant's Complaints About New Elevator
Apartment Was Properly Vacancy Deregulated in 2008
Triple Damages Applied to Rent Overcharge Based on Rent Reduction Order
Landlord Didn't Make Good Faith Overcharge Refund
Parties Can't Stipulate Collectible Rent Was Higher Than Rent Set by Rent Reduction Order
Landlord's Application of Overcharge Refund to Security Deposit Tenant Owed Didn't Void Triple Damages
No Willful Overcharge Where Landlord Followed pre-Roberts DHCR Policy
Gas Service Restored by Time of DHCR Inspection
Housing Court Settlement Didn't Prevent Rent Overcharge Finding
Landlord Didn't Clear Hazardous Violation in Time to Get MBR Rent Increases
Fair Market Rent Appeal Was Untimely and Not Subject to Fraud Claim
Newly Created Apartment Constructed in 2008 Was Deregulated
Domestic Partner Gets Rent-Stabilized Tenant's Apartment
Holdover Petition Against ETPA Tenant Dismissed for Failure to Serve Proper Notice
Default Formula Can't Be Used to Decide Tenant's Rent Overcharge Claim
Tenant's Son Must Pay Use and Occupancy While Succession Claim Is Pending
Court Can Apply Default Formula to Determine Legal Rents in Class Action by J-51 Tenants
Rent-Stabilized Tenant Properly Refused to Sign Ambiguous Renewal Lease
Tenant's Niece Gets Rent-Stabilized Apartment
NYCHA Not Required to Restore Tenant's Son to Possession After Locking Him Out
No Harassment of Tenant Found in HP Action
New York State Legislature Extends Eviction Moratorium to Jan. 15, 2022
NYC Housing Court Initiates Intake Part for New Cases
State Court Administrative Order Extends Eviction Moratorium But Permits Challenges to Hardship Declaration
AO 262/21 Restricts Mortgage Foreclosure Actions Where Hardship Declaration Filed
U.S. Supreme Court Blocks Extension of Federal Eviction Moratorium by the CDC
Rent-Stabilized Apartments May Be Subject to Vacancy Deregulation Pre-HSTPA After Temporary Exemption
Landlord Who Didn't Correct Violations Fined Over $20,000
Landlord Doesn't Prove Economic Infeasibility Prevented Correction of Violations
Shareholder Tenant Must Pay Use and Occupancy While Lawsuit Is Pending
Landlord Didn't Register Building or Comply with CEEFPA
Landlord Fined $100 for Improper Disposal of Bedding
Duplicative Summons for Same Condition Was Revoked
Landlord Fined $600 for Not Conducting Sprinkler Inspection and Testing
September Insights
