NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Finds DHCR Negligent for Not Timely Processing 2016 Deregulation Application

January 5, 2024    

In May 2016, landlord timely applied to the DHCR for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord in November 2019, and dismissed the application...

Tenant Included No Overcharge Claim with His Lease Violation Complaint

January 5, 2024    

In 2013, tenant complained to the DHCR that landlord failed to offer him a rent-stabilized renewal lease. Tenant didn't complain at that time of rent overcharge but asked for a ruling that the unit was subject to...

Trial Needed to Determine Whether Landlord's Renewal Lease Offer Was Valid

December 20, 2023    

Landlord sued to evict rent-stabilized tenant based on tenant's failure to sign a renewal lease for the apartment. Tenant asked the court to dismiss the case, for permission to conduct discovery with respect to...

Tenants Must Present Indicia of Fraud to Apply Default Formula to Overcharge Claim

December 20, 2023    

Tenants sued landlord for rent overcharge. The court ruled for tenants without trial and set the matter down for a hearing to calculate overcharges under the default formula set forth in Rent Stabilization Code...

Tenant's Apartment Not Subject to Deregulation When J-51 Tax Benefits Expired

December 20, 2023    

Landlord sued tenant in State Supreme Court after sending tenant a termination notice before her one-year lease ended. Landlord claimed that tenant failed to vacate the apartment and sought to recover damages for...

Tenant Can't Sue Landlord for Removing Property After Court Ruling Permitted Removal

November 27, 2023    

Former tenant and another person sued landlord for breach of bailment and emotional distress, claiming that landlord had removed and damaged personal property from an apartment after tenant's eviction. Landlord...

Subsequent Order Ending Guardianship for Tenant Didn't Require Vacatur of Prior Stipulation

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. After the court granted landlord's request to execute a warrant of eviction in October 2022, tenant appealed and lost. Tenant's Article 81 guardian,...

Tenant Can Pursue Damages for Breach of Warranty of Habitability in Other Court Action

November 27, 2023    

Tenant sued landlord in State Supreme Court, claiming ongoing damages due to breach of the warranty of habitability. The court dismissed the case because tenant had already obtained relief against landlord in a...

Landlord's Issuance of Rent Demand During Eviction Proceeding Vitiated Termination Notice

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, the tenant below testified that he heard running, screaming, banging, and ball playing at various times and had trouble sleeping as a...

Court Action for Back Rent Stayed Pending Outcome of Eviction Proceeding

November 27, 2023    

Landlord sued tenant in State Supreme Court based on tenant's breach of lease and nonpayment of rent, seeking a total of $60,650 in back rent. Landlord asked the court for a default judgment against tenant when...

Landlord Must Pursue Ejectment Action to Evict Rent-Stabilized Tenant for Nuisance

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance. After trial, the court found that the tenant had engaged in a number of incidents of threatening and harassing conduct toward the...

DHCR Properly Restored Tenant's Rent After Tenant Refused to Give Access for Repairs

November 27, 2023    

The DHCR's Rent Administrator issued a rent reduction order for rent-stabilized tenant's apartment in 2021 based on a reduction in services. Landlord later filed an application to restore rent, claiming that...