September 2022
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Garage Roof Replacement Qualified as an MCI
No MCI Increase for Elevator Upgrade
No Useful Life Requirement Prevented MCI Rent Hike If No Prior Hike Was Granted
Landlord Properly Cleared "C" Violations on Record
MCI Rent Hike Granted for Asbestos Removal Related to Roof Replacement
New Sidewalks, Vault Repairs, and Garage Ramp Not Eligible for MCI Rent Hikes
Pointing and Waterproofing Work Was Distinct from Prior Pointing Work
Landlord Didn't Disclose That Contractor Was Its Employee
Landlord Didn't Prove Apartment Was Properly Vacancy-Deregulated
Landlord Can Replace Night Lobby Attendant with Overnight Video System
Tenant Claims Landlord Didn't Provide Backup Battery for Key Fob System
DHCR Determines That Apartment Not Subject to Rent Stabilization
Legal Rent Set by HPD in 2001 Took Precedence Over Prior Rent Frozen by DHCR
DHCR Miscalculated Rent Overcharge by Overlooking Rent Restoration Order
Successor Rent-Controlled Tenant Must Pay Hardship Rent Increase
DHCR Can't Rule on Utility or Damage Issues in Case of Tenant Overcharging Subtenant
Rent Overcharge Resulting from SCRIE Error Not Willful
Increase in Registered Stabilized Rent Didn't Support Colorable Claim of Fraud
Apartment Was Improperly Deregulated But There Was No Overcharge
Removal of Rent-Stabilized Tenants' Storage Space Warranted Rent Reduction
Court Denied Landlord's Request to Vacate ERAP Stay
Eviction Proceeding Dismissed Where Proof of Service Not Timely Filed
Eviction Proceeding Dismissed Due to Insufficient Termination Notice
Licensee Holdover Proceeding Dismissed for Not Naming Shareholder-Tenant as Party
Prospective Shareholder-Tenant Sues Landlord for Housing Discrimination
Landlord Gets Stay of Overcharge Findings Pending Appeal of Tenants' Class Action
Holdover Petition Was Served Before Court Assigned Initial Return Date
Landlord Let Unauthorized Visitor Up to Tenants' Apartment
No Breach of Warranty of Habitability Where Tenants Lived in Unit Only a Few Days a Year
Court Won't Lift ERAP Stay Despite Pre-Pandemic Rent Arrears
Former Tenant Gets 10% Rent Abatement for Apartment Conditions
Landlord Can't Vacate ERAP Stay Just Because Program Funds Had Been Exhausted
Rent Act of 2015 Didn't Base Vacancy Deregulation on Amount of Prior Stabilized Rent
Federal Court Dismisses Discrimination Claims by Prospective Low-Income Tenants
Landlord Not Responsible for Tenant's Relocation Costs
Court Lifts Subtenant's Bankruptcy Stay So Landlord Can Proceed with Eviction Case
Building Owner and Management Accused of Not Providing Reasonable Accommodation
Landlord Didn't Give Attorney-Employee Reasonable Accommodation During Pandemic
Court Lifts ERAP Stay in Case Involving Licensee Who Paid Rent to Tenant
Tenant Must Pay Outstanding Use and Occupancy While Overcharge Claim Pending
Prior DHCR Ruling Didn't Consider Whether Building Was Substantially Rehabbed
DHCR Order Permitting Discontinuance of Preferential Rent for Successors Unenforceable
Landlord Can Replace Doorman with Remote Concierge and Guard Service
MCI Increase Granted for New Security System
Landlord Left Wooden Bedframe Pieces Out for Collection Unbundled
Landlord Fined $800 by DOB for Performing Electric Work Without a Permit
Landlord Fined $375 by FDNY for Not Painting Fire Escape
Landlord Fined $300 for Active Signs of Rats Outside Building
DOB Failed to Prove Reasonable Attempt Made at Personal Service on Landlord
Landlord Fined $2,500 for Work Without Permit, No Proof Emergency Application Was Filed
September Insights
