NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can Seek Lawful Rent Set Forth in Current Lease Where Last Registered Rent Is Lower

May 24, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the rent amount demanded was more than the last registered rent. The court ruled against...

Appeals Court Upholds Dismissal of Tenants' Untimely Rent Overcharge Claim

May 24, 2024    

Landlord sued rent-stabilized tenants in State Supreme Court, seeking recovery of $59,000 in back rent now owed since tenants stopped paying rent in March 2020. Tenants responded with claims of rent overcharge. They...

Building's C of O Didn't Reflect Conversion to Class A Multiple Dwelling

May 24, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed back rent of $13,800. The court ruled for landlord based on tenant's default, but the parties agreed to reopen the case after tenant...

Appeals Court Upholds DHCR's Application of HSTPA to MCI Application Pending on June 14, 2019

May 24, 2024    

Landlord applied to the DHCR for MCI rent hikes. The DHCR ruled for landlord in part but denied portions of landlord's application. Landlord then filed an Article 78 court appeal, and the court annulled the DHCR...

Appeals Court Upholds DHCR's Dismissal of Tenant's Rent Overcharge Complaint

May 24, 2024    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled against tenant, who filed an Article 78 court appeal and lost. The court and appeals court didn't find that the DHCR's ruling...

Appeals Court Upholds DHCR's Denial of Landlord's Demolition Application

May 24, 2024    

Landlord asked the DHCR for permission to demolish a building containing rent-stabilized apartments. The DHCR ruled against landlord, finding that the owner hadn't submitted a firm commitment letter from a...

Tenant Not Limited by FMRA Considerations for Rent History Review

May 23, 2024    

A deregulated, market-rent tenant sued landlord claiming that the unit was unlawfully deregulated after the prior rent-controlled tenant vacated. Landlord asked the court to dismiss the case and presented leases and...

DHCR Rent Reduction for Air and Light Blocked by New Construction Was Irrational

May 23, 2024    

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services based on the obstruction of air and light in their apartment windows. The DRA ruled for tenants and reduced their rents....

Landlord Didn't Comply with Williams Consent Decree

May 23, 2024    

Landlord sued to evict NYCHA tenant, who claimed landlord's papers weren't properly served. The court held a traverse hearing and dismissed the case. Under RPAPL Section 735, proper service of the petition...

Landlord Fails to Prove That Tenant's Pitbull Dog Created Nuisance

May 23, 2024    

Landlord co-operative corporation sued to evict tenant shareholder for violating his proprietary lease. The co-op was pet-friendly but prohibited tenants from keeping certain dog breeds. Tenant's dog was a...

Appeals Court Upholds Adoption of ETPA in Village of Ossining

May 23, 2024    
The Village of Ossining in Westchester County adopted rent-stabilization coverage under the ETPA  on Sept. 5, 2018, after conducting a vacancy study of available rental housing units in the village and...

Court Finds Newburgh's Adoption of ETPA Null and Void

April 25, 2024    

After the City of Newburgh adopted rent stabilization coverage under the ETPA on Dec. 18, 2023, a group of property owners sued the city and the DHCR, seeking a declaration that Newburgh's adoption of the ETPA...