NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

U.S. Supreme Court Declines to Hear Another Challenge to Rent Regulation

February 26, 2024    

Landlords sued the City of New York, the DHCR, and the NYC Rent Guidelines Board in federal court soon after the HSTPA was enacted in 2019 to amend the Rent Stabilization Law. Among other things, they claimed that...

Landlords and Maintenance Firm Didn't Show They Weren't Responsible for Tenant's Injury

February 26, 2024    

Tenant sued landlords for negligence after she slipped and fell in the building where she lived. The building was a mixed-use premises that included several floors of community housing owned and/or operated by...

Tenant Gets $60,000 in Attorneys' Fees in Case Involving Improper Deregulation

February 26, 2024    

Landlord sued tenant, seeking a declaration that his apartment was deregulated. Tenant claimed that he was rent stabilized and had been overcharged. He asked the court to dismiss the complaint, to find a rent...

Did Tenants Know Their Rights When They Relocated to Unregulated Apartment?

February 26, 2024    

In 2007, rent-stabilized tenants, who were husband and wife, relocated from their apartment to another unit in the building at the prior landlord's request. The new apartment was unregulated, and tenants received...

Landlord Can Get MCI Increase for New Intercom System

February 26, 2024    

Landlord applied to the DHCR for MCI rent hikes in 2011, based on installation of a new boiler, security system, intercom, and fencing. The DRA ruled for landlord in 2013, except that fencing costs were disallowed....

Court Refuses to Grant Mandamus Relief Against DHCR for Ruling on Demolition Application

February 25, 2024    

On March 2, 2021, DOB approved landlord's application to demolish an apartment building. At that time, only one rent-stabilized tenant remained in occupancy. In September 2022, landlord applied pursuant to RSC...

Subtenant Gets Preliminary Injunction Against Tenant She Claimed Harassed Her

February 25, 2024    

Subtenant sued rent-controlled tenant, and asked for a temporary restraining order and preliminary injunction against tenant to stop claimed harassment and theft of subtenant's personal property. The subtenant...

Document Production by Landlords in Overcharge Case Limited to Four-Year Lookback Period

January 28, 2024    

Building tenants sued landlord in 2018 for rent overcharge. In connection with pre-trial discovery, the court granted tenants' request to compel landlord to produce their operating and management agreements, all...

Wife of Former Mitchell-Lama Tenant Retained Succession Rights

January 28, 2024    

Landlord sued to evict tenant's wife after a tenant of a former DHCR Mitchell-Lama Program building passed away. Landlord claimed that the wife was a licensee who no longer had a right to remain. The wife claimed...

Intercom Worked But Had Been Modified Without Prior DHCR Approval

January 28, 2024    

In October 2020, some rent-stabilized tenants at a building complex complained to the DHCR about a reduction in building-wide services. In March 2021, the DHCR's inspector found that most services listed in the...

Court Finds It Can Decide Rent Overcharge Questions Despite Pending DHCR Complaint

January 28, 2024    

Landlord sued to evict tenant after serving a tenancy termination notice. Landlord claimed that, although the building was rent stabilized, tenant's apartment was exempt from rent stabilization due to high-rent...

HPD Reasonably Added Landlord's Building to CONH Pilot Program Building List

January 28, 2024    

Landlord brought an Article 78 court proceeding against HPD after HPD added landlord's 18-apartment building to the city's Certificates of No Harassment (CONH) Pilot Program Building List in 2022. Landlord...