RENT

Rent Demand That Included Non-Rent Charges Was Fatally Defective

June 21, 2021    

Landlord sued to evict tenant for nonpayment of rent, with rent arrears going back to 2016. The court dismissed the portion of the case seeking rent prior to November 2018, since that portion had been paid. But the...

Did Landlord Improperly Use Rent Concessions in 421-a Program?

May 25, 2021    

Rent-stabilized tenants in a 421-a building sued landlord claiming that landlord registered illusory initial rents for apartments in the building by utilizing rent concessions. Typically, a lease gave new tenant a...

Landlord Properly Mitigated Damages After Tenant Broke Lease

May 25, 2021    

Landlord sued former tenant for rent owed after tenant broke her lease and moved out. Landlord had rented the apartment to tenant in December 2019 at a monthly rent of $12,500. The lease gave tenant a rent concession...

DHCR Recalculates Legal Rent for Rent-Stabilized Tenant in SRO Hotel

May 24, 2021    

After an appeals court ruled in 2015 that an SRO hotel occupant qualified as a permanent tenant under rent stabilization, landlord applied to the DHCR for a ruling to determine the unit's legal regulated rent. In...

Tenants in HUD/HPD Housing Can't Pursue Untimely Rent Increase Objection

April 23, 2021    

Tenants of a privately owned affordable housing project challenged in federal court the regulatory approval of rent increases 10 years earlier by HUD and HPD. The District Court (EDNY) dismissed the case in March...

DHCR Sets Rent for Permanent Tenant in SRO Building

April 20, 2021    

Landlord asked the DHCR to determine the legal rent for tenant's SRO unit after a court ruled that tenant was a rent-stabilized permanent tenant. Tenant had checked into the SRO building in 2015, paid a daily...

Landlord's Notice to Cure Subsidy Termination Was Fatally Defective

February 24, 2021    

Landlord sued to evict rent-stabilized tenant based on tenant's loss of her Section 8 housing voucher due to her failure to recertify. Landlord claimed that tenant's failure to recertify for the Section 8...

Landlord Can't Maintain Summary Nonpayment Proceeding Against Tenant's Son

January 25, 2021    

Landlord sued to evict rent-stabilized tenant and occupant "John Doe" based on tenant's nonpayment of rent. Tenant's son appeared in court, admitting that he was John Doe, that tenant died in...

Tenant Safe Harbor Act Doesn't Apply to Rent Due Before March 7, 2020

November 22, 2020    

Landlord sued to evict tenant for nonpayment of rent in July 2018. Landlord and tenant signed a settlement agreement that was approved by the court on March 11, 2020. Landlord later asked the court to grant it a...

Landlord Entitled to Back Rent and DOB Fines When Tenant Moved Out

November 17, 2020    

Landlord sued tenant, seeking to recover rent arrears and fines imposed by DOB relating to tenant's unauthorized rental of his apartment for transient use through Airbnb. The court ruled for landlord without...

Preferential Rent Provision Was Revocable Upon 2018 Lease Renewal

November 17, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant objected, claiming that landlord was now charging her more than a preferential rent as it did under her initial lease in 2000. Landlord...

Rent Demand Didn't Set Forth Good Faith Approximation of Rent Arrears

October 28, 2020    

New landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord sought $25 per...