RENT

Landlord Charged Tenant Excessive Late Fees

August 24, 2018    

Landlord sued to evict tenant, claiming that tenant owed back rent and related charges. The court ruled for tenant, who appealed and won in part. Since tenant's lease didn't deem late fees, utility charges,...

Tenant Not Entitled to Refund of Rent Paid While Building Violated Permit Rules

August 12, 2018    

Former tenant sued landlord in small claims court to recover $300 security deposit along with $1,200 paid for eight weeks' rent. Landlord in turn claimed that tenant owed $2,680 in back rent and cable TV bills,...

Court Vacates DOF Decision to Retroactively Recoup DRIE Credits from Landlord

July 27, 2018    

NYC Department of Finance (DOF) issued a ruling in February 2016 that tenants' household improperly received both SCRIE and DRIE benefits and that DRIE benefits credited to landlord therefore must be...

Landlord Continued to Accept Preferential Rent Payments

June 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had no current renewal lease and claimed that she had paid a preferential rent. Landlord was claiming that a higher legal rent was due and...

Tenant Improperly Claims Rent Overcharge After Final DHCR Rulings

June 23, 2018    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed that landlord failed to properly calculate his rent in light of J-51 tax relief and fuel cost adjustments. The court ruled for...

Landlord Made Improper Back Rent Demand

May 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to dismiss the case. The court ruled for tenant in part. The DHCR had issued a rent reduction...

Rent Discount Included Unenforceable Late Charge

April 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Under tenant's lease, the legal regulated rent was $2,999, but tenant was charged a monthly preferential rent of $1,956 if rent was paid by...

Submetered Electric Charges Improperly Included in Rent Demand

April 26, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that landlord's rent demand failed to set forth a good faith approximation of rent due...

Building Has More Units Than Approved on C of O

April 21, 2018    

Landlord sued to evict several building tenants for nonpayment of rent. Tenants claimed that the building was unlawfully occupied, in violation of Multiple Dwelling Law Section 302, and asked the court to dismiss the...

Tenant's SCRIE Should Be Based on Legal Regulated Rent, Not Preferential Rent

March 26, 2018    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Couldn't Prove It Sent Section 8 Tenant All Required Notices

February 21, 2018    

Landlord sued to evict Section 8 tenant of HUD-subsidized housing for nonpayment of rent. Landlord claimed that tenant owed over $13,000 for six months' rent because tenant failed to recertify annual income and...

Landlord Didn't Show Any Section 8 Subsidy Fraud by Tenant

February 16, 2018    

Landlord sued to evict rent-stabilized tenant for breach of a substantial obligation of her tenancy. Landlord claimed that tenant failed to maintain her Section 8 subsidy due to fraud. Tenant argued that her subsidy...

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