NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Proof of Fraud Warranting Rent Overcharge Lookback Beyond Four Years

September 21, 2020    

Tenant sued landlord in 2014, claiming that his apartment was unlawfully deregulated and that he had been overcharged. Tenant claimed that his legal monthly rent was $628 based on the last amount validly registered...

Landlord Must Lay Down Lobby Floor Mats for Mobility-Impaired Tenant

September 21, 2020    

Rent-stabilized tenant and the NY State Division of Human Rights (DHR) sued landlord for disability discrimination. They claimed this was based on landlord's denial of tenant's request for a reasonable...

Rent Overcharge Claim Dismissed Based on Four-Year Lookback Period

August 19, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge and fraudulent rent increases. The court ruled for landlord and dismissed the case. Since the case was filed before HSTPA amended the law in June 2019,...

Landlord Didn't Sufficiently Describe Homeless Housing Agreement in Eviction Petition

August 19, 2020    

Landlord sued to evict tenant after sending a 30-day termination notice. Landlord claimed that tenant's lease expired on Jan. 31, 2019, and that tenant then became a month-to-month tenant. Landlord said that the...

New Rent-Stabilized Apartment Created When Tenants Combined Two Units

August 18, 2020    

Tenants sued landlord in 2016, claiming improper deregulation and rent overcharge. Tenants also sought an injunction to stop landlord from engaging in claimed deceptive business practices in violation of General...

RSA Must Produce Membership Records in Its Case Against Tenant Group

August 18, 2020    

The Rent Stabilization Association (RSA), a landlord's advocacy organization, sued McKee and the Tenants Political Action Committee, Inc. (TPAC), claiming defamation. On May 2, 2018, McKee had attended a NY City...

Apartment Already Deregulated When Tenant Moved In

August 18, 2020    

Tenant sued landlord for rent overcharge in connection with two apartments in the same building. Tenant had lived in  Apt. 6 from 2007 through April 2014, then moved into Apt. 4 under a written agreement with...

Landlord's Request to Dismiss Proposed Class Action Was Premature

August 18, 2020    

Tenants of four buildings sued landlord for  improper deregulation and rent overcharge in a proposed class action lawsuit. Tenants claimed that all four building were enrolled in the J-1 tax benefit program and...

Rent Overcharge Calculation Must Be Revised to Reflect Regina Decision

August 18, 2020    

Current and former tenants sued landlord  in 2009 for improper deregulation and rent overcharge in several consolidated class action cases. Various apartments had been deregulated starting in 1993 although the...

Rent-Stabilized Tenant's Daughter and Granddaughter Get Apartment

August 18, 2020    

Landlord sued to evict rent-stabilized tenant's daughter and granddaughter after tenant died. These family members claimed succession rights to the apartment. The court ruled for tenant's family members and...

Rent Overcharge Must Be Recalculated to Reflect Four-Year Lookback

August 18, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed rent overcharge and asked the court to dismiss the case. The court ruled for tenant and awarded tenant an overcharge...

Was Tenant's Death in Fire Caused by Landlord's Negligence?

August 18, 2020    

The estate of a 71-year-old deceased tenant sued landlord, claiming the wrongful death of tenant occurred due to landlord's negligence and breach of the warranty of habitability.