RENT

Agreement to Discount Tenant's Rent in Exchange for Porter Services Wasn't a Preferential Rent

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord sought an incorrect monthly rent because he paid a preferential rent that was less than the unit's legal...

Tenant's Rent Payment Applied to Oldest Outstanding Rent Due

February 25, 2024    

Landlord sued to evict tenant for nonpayment of rent based on arrears totalling $3,850 for the period between November 2022 and January 2023. Landlord later asked to amend the petition to include additional rent...

HSTPA Amendments Supersede Prior Court Settlement Ending Tenant's Preferential Rent in 2020

February 21, 2024    

Landlord asked the DHCR for a ruling on whether his rent-stabilized tenant's preferential rent could be discontinued by landlord when his renewal lease expired in 2020. In a 2014 housing court proceeding,...

DHCR Sets Legal Rent for Apartment Based on Rent Preceding Temporary Exemption

February 21, 2024    

Landlord asked the DHCR in 2016 for a ruling on the legal regulated rent for an apartment. Landlord claimed that the apartment occupant had been the building's janitor until his employment was terminated in...

Landlord Waited Too Long to Seek Rent in Eviction Proceeding

November 27, 2023    

Landlord sued to evict tenant in 2021 for nonpayment of rent. Tenant asked the court to dismiss the case based on laches. Tenant also claimed lack of notice from landlord before starting the court case. The court...

Did Landlord Reasonably Mitigate Damages After Tenant Broke Lease?

October 26, 2023    

Landlord sued former tenant for $196,785 in unpaid rent in state Supreme Court. Landlord also sought interest, legal fees, and disbursements. Tenant claimed that landlord failed to mitigate damages. In response,...

Landlord Can't Base Use & Occupancy for Former Super's Unit on Commercial Rent Estimates

September 25, 2023    

Landlord sued its former building superintendent for use and occupancy for nine months that the super remained in his apartment at the building following termination of his employment. Landlord claimed that the...

"Rent" Payable by OTDA under ERAP Includes Mitchell-Lama Co-op Maintenance Fees

September 25, 2023    

In 2022, the NY State Office of Temporary and Disability Assistance (OTDA) found tenant ineligible for funds awarded from the ERAP program and sought the return of $20,285 it claimed were disbursed on tenant's...

ERAP Stay Vacated Because Occupant Wasn't Required to Pay Rent

September 25, 2023    

Landlord sued to evict apartment licensee in January 2020. After the first court date, the case was delayed initially due to the COVID public health emergency and a GAL was appointed for the licensee in October 2020...

Court Incorrectly Entered Judgment for Remaining Rent Arrears After Vacating ERAP Stay

September 25, 2023    

Landlord sued to evict a Suffolk County tenant for nonpayment of rent. Tenant's filing of an ERAP rental assistance application resulted in a stay of the proceeding, but the court vacated the ERAP stay in 2022 (...

Rent Demand Didn't Reflect DHCR Rent Reduction Order

September 24, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $4,883 for the months of May-July 2022. The proceeding was delayed extensively following tenant's filing of a COVID Hardship...

Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal

July 26, 2023    

Landlord sued to evict tenant in housing court for nonpayment of rent. In that prior proceeding, landlord obtained a judgment for rent owed in the amount of $45,100, and tenant moved out of the unit. Landlord then...