NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Overcharge Found Where First Stabilized Rent Was Fair Market Rent

November 17, 2020    

In prior litigation, tenant sued landlord, claiming improper deregulation of his apartment. The court ruled that tenant was rent stabilized because luxury deregulation was unlawful while landlord received J-51 tax...

Rent Overcharge Ruling That Applied HSTPA Retroactively Is Overturned

November 17, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge. The court ruled for tenant and directed that the default formula be used to determine the legal rent and overcharge award. The court also awarded...

Landlord Entitled to Back Rent and DOB Fines When Tenant Moved Out

November 17, 2020    

Landlord sued tenant, seeking to recover rent arrears and fines imposed by DOB relating to tenant's unauthorized rental of his apartment for transient use through Airbnb. The court ruled for landlord without...

Mitchell-Lama Tenant's Family Members Don't Prove Succession Rights

November 17, 2020    

Family members of Mitchell-Lama building tenant claimed succession rights to the apartment after tenant moved out. HPD ruled against the family members. The family members then filed an Article 78 court appeal,...

Substantial Rent Overcharge Finding Must Be Reevaluated

November 17, 2020    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant and ordered landlord to give tenant a rent-stabilized lease at a monthly rent of $471. Using the...

NYCHA Tenant's Daughter Can't Get Apartment After Tenant's Death

November 17, 2020    

NYCHA tenant's daughter sought succession rights to an apartment after tenant died. NYCHA ruled against the daughter after a hearing, and tenant then filed an Article 78 court appeal. The daughter claimed that...

Preferential Rent Provision Was Revocable Upon 2018 Lease Renewal

November 17, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant objected, claiming that landlord was now charging her more than a preferential rent as it did under her initial lease in 2000. Landlord...

Tenant's Earmarked Rent Payments Covered Period of Claimed Arrears

October 28, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenants asked the court to dismiss the case, claiming that the rent demand failed to give credit for payments made and received by landlord for almost every month...

Tenants Seek Class Action Status for Rent Overcharge Claims

October 28, 2020    

Sixty-one tenants in 18 different buildings sued landlords and sought class action designation. Tenants claimed that owners were single-purpose-entity LLCs, all of which shared the same individual managing member....

Landlord Must Pay Fines and Damages for Racial Discrimination

October 27, 2020    

Tenant filed a complaint against landlord with the NY State Division of Human Rights (NYSDHR), claiming discrimination based on race. Tenant said that landlord told her she would have to move out because there were...

Was Landlord Responsible for Sexual Assault by Doorman?

October 27, 2020    

Subtenant, who rented an apartment from a condo unit owner, sued the condominium corporation, building management, and the unit owner after one of the building's doormen sexually assaulted her. After conducting...

No Indicia of Fraud to Warrant 30-Year Lookback at Rent History

October 27, 2020    

Rent-stabilized tenant sued landlord in 2018, claiming rent overcharge. Tenant moved into the apartment in February 1988, 30 years before filing the overcharge claim. Current landlord bought the building in 2005....