NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

DHCR Properly Computed Interest on Rent Overcharge

May 22, 2017    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and denied landlord’s PAR. Landlord filed an Article 78 appeal and lost. The court and appeals court found that the DHCR properly...

DHCR Improperly Disallowed Some IAI Costs

May 22, 2017    

Tenant complained of rent overcharge. Landlord claimed that tenant’s apartment was unregulated. The DHCR ruled for tenant, finding that tenant’s apartment wasn’t eligible for deregulation, and...

Tenant Who Didn't Show Any Rent Overcharge Can't Vacate Settlement Agreement

May 22, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement and judgment, claiming...

Tenant's Fair Market Rent Appeal Was Untimely

May 22, 2017    

Tenant moved into an apartment in 2010 and later filed a fair market rent appeal, claiming that the apartment was improperly deregulated. The DHCR ruled against tenant, finding her claim untimely. The rent-controlled...

Landlord Doesn't Prove There Was a Renewal Lease Corresponding to Its Nonrenewal Notice

May 22, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant’s latest renewal lease started on Dec. 1, 2010, and ended on Nov. 30, 2012, and that landlord sent a...

Landlord's Unflattering Description of Tenant Wasn't Defamation or Harassment

April 25, 2017    

Tenant sued landlord for defamation, harassment, and intentional infliction of emotional distress after landlord sent a letter to tenant’s friends and relatives concerning tenant’s dispute with landlord...

Tenant's Grandson Can't Get Mitchell-Lama Apartment

April 25, 2017    

HPD determined that tenant’s grandson didn’t have succession rights to tenant's Mitchell-Lama apartment after tenant died. The grandson filed an Article 78 court appeal of HPD’s decision,...

New Hearing Needed to Determine Reasonable Attorney's Fees

April 25, 2017    

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord without a trial, and awarded tenant $262,000 in attorney's fees as the prevailing party. Landlord appealed, and the case was...

Was Landlord Responsible for Tenant's Injuries in Elevator Accident?

April 25, 2017    

Tenant sued landlord for negligence, claiming injuries after an elevator door forcibly closed and struck her. The court ruled against tenant after trial and dismissed the case. Tenant appealed, and the case was...

Occupants Referred to SRO Housing by HRA Became Rent Stabilized After 30 Days

April 25, 2017    

Landlord sued to evict three single room occupancy (SRO) occupants, claiming that they were unregulated licensees. The court ruled against landlord, finding that the occupants were permanent residents under the Rent...

Did Landlord Install Smoke Detector in Apartment?

April 25, 2017    

Tenant sued landlord for negligence, claiming that landlord was responsible for tenant’s injuries in an apartment fire. Tenant woke up to find that his living room was on fire and had to run through the flames...

Tenant Mental Health Care Provider Not Responsible for Fire Caused by Subtenant

April 25, 2017    

Landlord’s insurer sued the tenant of several apartments for negligence and breach of contract. Tenant, a not-for-profit organization, sublet the apartments to individuals who participated in their support...