May 2023
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| LVT_2023_05_Final.pdf | 371.58 KB |
Landlord Can't Amend Rent Registration to Reflect New Apartment It Didn't Register in 2018
Landlord Didn't Prove Useful Life Waiver Should Apply to Elevator Upgrade MCI
MCI Increase Reduced by Cost of Elevator Controller and Selector Included in Prior MCI Increase
Legal Rent Was $400 Rent Paid by Former Janitor While He Occupied Apartment
DHCR Set MCR for Rent-Controlled Tenant at Actual Rent Paid in 2019
Building Remained Rent-Stabilized Even After J-51 Benefits Expired
DHCR Demolition Approval Revoked After DOB Invalidated PW1 Application
Landlord Proved Building Was Substantially Rehabbed After 2014 Fire
Landlord Didn't Replace 75% of Building Systems Needed to Prove Sub Rehab
Tenant's Lease Violation Complaint Dismissed Since Landlord Had Sent Nonrenewal Notice
Tenant Who Moved into Apartment After 421-a Benefits Expired Wasn't Rent Stabilized
Tenant Who Moved into Building After Sub Rehab Wasn't Rent Stabilized
Apartment Was Vacancy Deregulated When Tenant Moved No Matter What Rent Was Charged
Moderate Income Program Tenant Under HFA Regulatory Agreement Wasn't Rent Stabilized
DHCR Applied Regina Ruling to Overcharge Claim for Apartment in J-51 Building
Landlord Didn't Properly Name Occupants in Nonprimary Residence Eviction Case
Landlord Co-op Corporation Properly Terminated Proprietary Lease under Business Judgment Rule
Overcharge Claims Based on Inflated Rents Were Untimely
Court Refuses to Lift ERAP Stay
Trial to Determine If There Was Ongoing Rodent Infestation at Townhouse
Tenant Didn't Prove an Appeal of OTDA's Denial of Assistance Was Pending
Landlord Can't Seek Eviction for Nonpayment of Rent After Lease Expired
Appeals Court Vacates Eviction Stay Granted After Landlord Proved Tenant's Objectionable Conduct
Court Finds DHCR Improperly Delayed Processing Deregulation Applications
Appeals Court Reopens Overcharge Claims by Tenants in J-51 Building
Court Denies Pre-Trial Discovery to Occupant Claiming Succession Rights
Tenant Appeal of OTDA's Denial of ERAP Assistance Must Be Filed in Albany County
Court Permits Tenant Claiming Fraud to Subpoena Building-Wide Rent Registration Records
Tenant Who Received No 421-a Lease Rider Notification Remains Rent Stabilized
Was Co-op Shareholder Tenant Responsible for Correcting Violations in Apartment?
Tenant's Rent-Stabilized Rent Legally Set by HPD Regulatory Agreement
Triple Damages Applied to Overcharge Resulting from Rent Reduction Order
Landlord Proves Apartment Was Vacancy Deregulated with Proof of IAIs
Triple Damages Applied to Rent Overcharge Even Though Tenants Still Owed Back Rent
Lower Rent Paid as On-Time Rent Concession Payment Became Legal Regulated Rent
Landlord Can Eject Tenant After Proving Apartment Was Properly Deregulated
Failure to Use Notice of Petition Form Required Since 2019 Was Fatal Defect
Landlord Illegally Locked Out Subtenant
Tenant Scatter Site Program Fails to Prove Grounds for Eviction of Program Participant
Is Landlord Responsible for Child's Exposure to Lead Paint?
May Insights
