NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Must Replace Nonworking Elevator

December 18, 2019    

In 2009, landlord asked the DHCR for permission to modify building services after IMD loft tenant became subject to rent stabilization. Landlord wished to dismantle a 75-year-old elevator that had broken down for...

Court Applies Six-Year Statute of Limitations to Overcharge Counterclaim in Pending Case

December 16, 2019    

Landlord sued to evict rent-stabilized tenant after tenant refused to renew his lease. Tenant claimed rent overcharge. After trial in 2019, the court gave the parties six weeks to submit written post-trial memos....

Landlord Sanctioned for Ordering Notice of Eviction from Marshal

December 16, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in November 2018. Tenant agreed to pay back rent plus current rent by Dec. 31, 2018. In April 2019, a warrant of...

Tenant Presented No Excusable Default to Vacate Eviction Warrant

December 16, 2019    

Landlord sued to evict tenant after NYCHA determined that tenant's chronic rent delinquency violated her lease. The court ruled for landlord after an inquest, but the warrant clerk denied landlord's request...

HSTPA Choice of Forum Provision Doesn't Bar Court from Transferring Case to DHCR

December 16, 2019    

Rent-stabilized tenant sued landlord for rent overcharge. The court ruled in June 2019 that the DHCR was in a better position to determine and calculate the amount of overcharge damage and that the case should...

Landlord Didn't Send Notice Required Under RPL Section 235-e(d)

December 16, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't send tenant a written notice that rent hadn't been received. This notice was now...

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

December 16, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed an Article 78...

NYCHA Can Evict Tenant for Drug-Related Criminal Activity

December 16, 2019    

Tenant filed an Article 78 court appeal of landlord NYCHA's decision, after a hearing, that tenant was ineligible to continue her apartment occupancy based on nondesirability. Landlord had charged tenant with...

Landlord Didn't Answer Rent Administrator's Notice of Complaint

December 16, 2019    

Former tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant based on landlord's failure to respond to the complaint, and ordered landlord to refund an overcharge with triple damages....

Landlord Didn't Preserve Legal Regulated Rent

December 16, 2019    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment while the building received J-51 tax benefits. Landlord argued there was no overcharge because tenant paid a preferential...

Landlord Didn't Give New Tenant a Lease

December 16, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2016. Landlord appealed and lost in 2017. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was...

Landlord Who Purchased Building Responsible for Overcharge Refund

November 21, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord appealed and lost. In 2012, the DHCR had ruled there was a rent overcharge and directed prior...