NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord's Appeal of DHCR's Order Was Premature

March 29, 2021    

Unregulated tenant complained of rent overcharge and improper deregulation of her apartment. The DRA ruled against tenant, who appealed and won. The DHCR ruled in its PAR decision that the apartment was rent...

Does Son Have Pass-On Rights to Rent-Stabilized Apartment?

March 29, 2021    

Landlord sued to evict rent-stabilized tenants, a married couple, for nonprimary residence when their renewal lease expired in 2015. The wife had died in 2014, and the husband moved out at some unknown date during...

Eviction Warrant Vacated Under CEEFPA Despite Default Judgment Based on Nuisance

March 29, 2021    

Landlord sued to evict rent-stabilized tenant and her adult son for creating a nuisance in her apartment. In November 2019, tenant and landlord signed a court-ordered settlement agreement. In September 2019, the...

NYCHA Can't Evict Tenant Who Struck Its Employee

March 29, 2021    

Landlord NYCHA terminated tenancy because tenant assaulted and injured a NYCHA employee at the building. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The...

Evicted Tenant Presents No Cause for Restoration to Possession

March 29, 2021    

Landlord sued to evict unregulated month-to-month tenant in January 2019. Landlord and tenant signed a court-ordered settlement agreement giving landlord a judgment of possession and delaying execution on an eviction...

Tenant's Son Who Used Apartment for Illegal Business Can't Get Pass-On Rights

March 26, 2021    

Landlord sued to evict rent-controlled tenant's son after tenant died in 2010. While the son claimed succession rights, the court ruled for landlord. In a lengthy decision involving unusual questions, the court...

Tenant's Son and Son's Girlfriend Get Apartment

March 26, 2021    

Landlord sued to evict rent-stabilized tenant's son and son's girlfriend after tenant died in 2014. The son and girlfriend claimed succession rights. The court ruled in their favor. Landlord appealed and lost...

Trial Court Incorrectly Found Indicia of Fraud in Overcharge Case

March 26, 2021    

Landlord sued to evict unregulated tenant in 2017 after tenant's lease expired. Landlord claimed that the unit was exempt from rent stabilization based on a high-rent vacancy that occurred sometime previously....

Did Building Have Six or More Apartments Anytime Since 1974?

March 26, 2021    

Tenants of various apartments in landlord's building sued landlord after landlord sent them lease nonrenewal notices. Tenants claimed that they were rent stabilized. Landlord claimed that the building was...

Tenant Without Proof of Mold Didn't Show Harassment by Landlord

March 26, 2021    

Tenant sued landlord and HPD, claiming harassment by landlord and a bathroom mold condition that warranted placement of a violation and remedy. The trial court ruled against tenant, who later asked the court for a...

Four Apartments with Leaks Permanently Exempted from MCI Rent Hikes

March 25, 2021    

In 2013, the DHCR's Rent Administrator granted landlord's MCI rent increase application, based on exterior restoration, terrace and roof replacements, and consultant fees. Tenants appealed, and in November...

DHCR Decision Granting IAI Rent Increases Upheld by Appeals Court

March 25, 2021    

Tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, finding that landlord proved its costs for claimed individual apartment improvements (IAIs) made to the unit before tenant moved in....