LEASES

Rent-Stabilized Lease Provision for "On-Time Discount" Was Void

July 22, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,021, including triple damages. Landlord appealed and lost. The DHCR found that the DRA correctly...

Shareholder Tenant's Lawsuit Against Co-op Board Dismissed

May 20, 2019    

Cooperative shareholder tenant sued landlord cooperative corporation to challenge amendments to her apartment's proprietary lease. Tenant claimed that landlord acted in bad faith. Landlord had amended the...

Landlord Can't Evict Tenant with Ambiguous Lease Rider

March 19, 2019    

Landlord sued to evict rent-stabilized tenant after lease expired, claiming that tenant had agreed to end the lease. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant's...

Tenant's Unrecorded Five-Year Lease Enforceable Against New Landlord

October 29, 2018    

Landlord sued to evict unregulated tenant, claiming that tenant didn't have a current lease. Tenant disagreed and claimed that prior landlord gave him a five-year lease that was still in effect. While Real...

Landlord Properly Offered Occupant a Vacancy Lease After Tenant Died

September 26, 2018    

Occupant of rent-stabilized apartment, who had been prior tenant's roommate, complained that landlord refused to offer him a renewal lease after tenant died. Instead, landlord offered occupant a vacancy lease....

Two Weeks Added to Two-Year Vacancy Lease Didn't Invalidate It

August 24, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,296, including interest after the DRA disallowed a portion of the individual apartment improvement (IAI...

Vacancy Lease Rent Rider Sufficiently Documented Preferential Rent

July 27, 2018    

(Decision submitted by Tony Subraj, Vice President of Zara Realty, representing the landlord.)

On-Time Rent Discount in Rent-Stabilized Lease Is Improper Late Fee

July 19, 2018    

Tenants complained of rent overcharge and claimed that their apartment was improperly deregulated in 2007 while the building received J-51 tax benefits. The DRA ruled for tenant, finding that the apartment was rent...

Residency Agreement for Occupant in Rehab Program Wasn't a Lease

April 22, 2018    

Tenant, a community service provider, sued to evict occupant it claimed was a subtenant, for nonpayment of rent. After trial, the court ruled against tenant. The apartment occupant was a licensee, not a tenant, and...

Landlord Properly Charged Vacancy Increase to Replace Tenant with Occupant

February 26, 2018    

Rent-stabilized tenant complained of a lease violation and rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord had agreed to add co-tenant to her lease but, at the time...

Tenant Getting Enhanced Voucher Assistance Entitled to Renewal Lease

February 16, 2018    

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that she received enhanced voucher assistance through the Section 8 program and therefore was protected from eviction without cause. The...

Tenant Who Refused to Sign Vacancy Lease Was Still Rent Stabilized

January 26, 2018    

Landlord sued to evict tenant, claiming that tenant wasn't subject to rent stabilization because he had refused to sign a vacancy lease. The court ruled for landlord, awarding it possession and $13,700 in back...