NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Denies Tenants' Challenge to New Rules Requiring Short-Term Rental Registration

September 25, 2023    

Three NYC residents who previously utilized short-term rentals of their apartments to supplement their income sued the city's Office of Special Enforcement (OSE), claiming that new rules issued to enforce Local...

Court Upholds NYC Rules for Registration of Short-Term Apartment Rentals

September 25, 2023    

Airbnb sued the NYC Mayor's Office of Special Enforcement (OSE), seeking to set aside new rules enacted by OSE under Local Law 18 of 2022. The rules require registration of dwellings to be rented out for short-...

Is Disabled Tenant Entitled to Accommodation to Curb Violent Outbursts?

September 25, 2023    

Landlord sued to evict tenant for creating a nuisance. The parties signed a probationary stipulation in court by which tenant agreed to refrain from loud and violent arguments in the building. The stipulation...

Nonpayment Proceeding Dismissed Because There Was No Lease Between Landlord and Tenant

September 25, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because there was no lease between the parties. The court ruled for tenant. Tenant occupied the apartment under a month...

Court Vacates ERAP Stay After Long Delays in Eviction Case

September 25, 2023    

Upstate landlord sued to evict unregulated tenant in 2020. The case was delayed due to the eviction moratorium, tenant's Hardship Declaration, and, later, tenant's filing of an ERAP application for rental...

Court Dismisses Tenant Claim of Improper Deregulation and Rent Overcharge

September 24, 2023    

Tenant sued landlord in 2022, claiming that unjustified rent increases for her formerly rent-stabilized apartment since at least 1992 resulted in improper vacancy deregulation of the unit by landlord in 2003,...

NYCHA Tenant's Son Can't Get Apartment

September 24, 2023    

NYCHA tenant's son claimed succession rights to an apartment after tenant died in 2018. NYCHA ruled against the son and denied his Remaining Family Member status application after a grievance hearing. The son...

Court Grants Preliminary Injunction Against Landlord in Case Claiming Harassment

September 24, 2023    

The DHCR and the NY State Attorney General sued landlord and its various entities in 2019, seeking an injunction to stop landlord from "persistently and flagrantly" violating the Rent Stabilization Law by...

Landlord Collected Rent Overcharges Under RGBO Order Nos. 40 and 41

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord Didn't Prove Claimed Individual Apartment Improvements

September 24, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision...

Landlord's Participation in LIHTC Program Didn't Prevent DHCR from Deciding Overcharge Claim

September 24, 2023    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court...

Tenants of 421-a Building Can Pursue Rent Overcharge Claims in Class Action

September 24, 2023    

Rent-stabilized tenants of a building receiving RPTL 421-a tax benefits sued landlord in 2021, claiming that landlord improperly utilized preferential rents as part of their initial 421-a registration. Tenants asked...