NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenants Presented Insufficient Proof of Fraudulent Scheme to Deregulate Apartments

November 26, 2023    

Tenants sued landlord, claiming rent overcharge and a fraudulent scheme to deregulate their J-51 building apartments. The court ruled for tenants, finding that proof of a building-wide fraudulent scheme required...

Tenant Claims Rent Concession Was Preferential Rent

November 26, 2023    

Rent-stabilized tenant sued landlord in State Supreme Court, claiming rent overcharge. Tenant proposed that the case be a class action for all building tenants, claiming that landlord collected improper rents while...

Court Denies Request for Discovery Made by Tenant Claiming Fraudulent Rent Overcharge

November 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response and among other things, tenant claimed fraudulent rent overcharge. Tenant asked the court for permission to conduct discovery reaching...

Unit Rented by Nonprofit for Supportive Housing Was Subject to Rent Stabilization

November 26, 2023    

Landlord sued apartment tenant, which was a nonprofit organization that rented the unit to provide supportive housing to its occupant. Landlord sought a declaratory judgment that the apartment wasn't rent...

Disputed Claims of Improper Deregulation Required More Fact-Finding

November 25, 2023    

Tenants of two apartments in the same building sued landlord in November 2019 for rent overcharge and improper deregulation of their apartments. They claimed that they were rent stabilized and asked the court to rule...

Building Never Had Six or More Units Occupied or Intended for Occupancy

November 25, 2023    

Landlord sued to evict unregulated tenant. In response, tenant claimed that she was subject to rent stabilization because the building contained six or more housing accommodations. The court ruled for landlord...

Eviction Proceeding Was Improperly Dismissed Without Trial

November 25, 2023    

Landlord sued to evict an unregulated tenant who, in turn, claimed improper apartment deregulation and rent overcharge. Tenant also asked the court to dismiss the case and asked for attorney's fees. The court...

DHCR Can Withhold Certain Records from Landlord Under Law Enforcement Exception

November 25, 2023    

The DHCR's Tenant Protection Unit (TPU) sued landlord LLC entities of 38 buildings containing more than 2,500 rent-stabilized apartments, along with individuals who were connected with the landlord entities. The...

Court Holds Landlord in Contempt for Failing to Appear or Correct Violations

October 27, 2023    

Tenant sued landlord in a Housing Court HP proceeding to obtain corrections of apartment conditions. Tenant also claimed harassment by landlord. Tenant and landlord both appeared on the first court date on March 20,...

Illegal Lockout Case Against Landlord Dismissed for Lack of Credibility

October 27, 2023    

Tenant sued landlord, claiming illegal lockout. She claimed that she and her family left their apartment for a one-week vacation. When they returned, the locks to the building and their apartment had been changed and...

Fraudulent Scheme to Deregulate Includes Inflation of Rents Leading to Future Deregulation

October 27, 2023    

Building tenants sued landlord for rent overcharges and engaging in a fraudulent scheme to deregulate various apartments. Among other things, tenants asked the court to rule on several key elements of their claims...

Court Permits Pretrial Questioning Back to 1984

October 27, 2023    

Tenants filed a class action lawsuit against landlord in 2018 for rent overcharges. The court rejected landlord's request to limit pretrial questioning and document production to a four-year period and instead...