RENT

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...

Landlord Can't Seek Back Rent from Successor Tenant

February 15, 2018    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Tenant's father was the prior tenant, who died in September 2016. HPD granted the son's...

Tenant Substantially Complied with Agreement to Pay Rent on Time

February 14, 2018    

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord and tenant signed a settlement agreement in court that required tenant to pay rent arrears and to make timely future rent...

Landlord Can't Collect Rent Where Building Had No C of O

January 25, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $14,000 in back rent, and an eviction warrant was stayed pending payment. Tenant...

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