NYC CIVIL COURT

DHCR Can't Retroactively Apply Amended RSC Provision on Setting Rent After Temporary Exemption

May 23, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $22,365, including interest. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then...

MCI Application for Window Replacement Denied

April 26, 2019    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant).

Daughters Can't Get Rent-Stabilized Apartment

April 26, 2019    

(Decision submitted by Kirk Karabelas, Esq. of the Long Island City law firm of Karabelas & Papagianopoulos LLP, attorneys for the landlord.)

Condo Unit Owner Sues Neighbor for Causing Pipe Burst and Water Damage

March 19, 2019    

Condominium unit owner sued building neighbor for damages caused by a water leak in his unit. The condo owner claimed negligence and sought $123,000. The condo owner claimed that his neighbor negligently disposed of...

Court Transfers Rent Overcharge and Improper Deregulation Claims to DHCR

January 27, 2019    

(Decision submitted by attorney Michael Littman of the Rockville Centre law firm of Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, who represented the landlord.)

DHCR Properly Made Landlord and Tenant Responsible for Overcharge

October 29, 2018    

Landlord rented a rent-stabilized apartment to tenant in 1995, and periodically renewed the lease through 2007. Tenant was a business entity. In 2003, tenant''s rent was $1,524 per month, but tenant sublet...

Occupants Couldn't Submit Corrected Deposition Transcripts Three Months Late

October 27, 2018    

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, who represented the landlord.)

Apartment Was Improperly Deregulated Based on Disallowed IAI Costs

September 25, 2018    

Former tenant sued landlord, claiming rent overcharge and improper apartment deregulation. Tenant also sued individual officers of the owner entity, the managing agent, and one of landlord's employees, claiming...

Tenant Claimed He Had No NYC Address on Tax Returns

September 24, 2018    

(Decision submitted by Matthew Livits, Esq. of the Manhattan law firm of Smyth Law P.C., attorneys for the landlord.)

Court Upholds DHCR's 1995 Deregulation Decision

August 21, 2018    

Tenant sued landlord, claiming that her apartment had been improperly vacancy-deregulated while the building was receiving J-51 tax benefits. The court granted landlord's request to dismiss the case. Tenant moved...

Court Affirms DHCR Finding of No Fraud and No Rent Overcharge

August 21, 2018    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Rent-stabilized tenant complained of...

Landlord Proves Tenant Didn't Primarily Reside in Apartment

July 27, 2018    

(Decision submitted by Noah Levenson of the Manhattan law firm of Levy Tolman LLP, attorneys for the landlord.)