January 2023
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HSTPA Now Bars MCI Rent Hikes If 35 Percent or Fewer Apartments in Building Are Rent Regulated
HSTPA Lawfully Reduced the Amount of Permissible MCI Rent Hikes While Landlord's Application Pending
Landlord Cost for Gas Re-Piping MCI Was Lower Than DHCR's Reasonable Cost Limit
MCI Rent Increase Order Not Affected by DOB Stop-Work Order Issued Later
Useful Life of Prior Mixed Wood-Aluminum Windows Had Expired
Installation of New Floors in Building's Public Areas Qualified as an MCI
Stucco Stonework Qualified as Part of Approved MCI for Pointing
Landlord Fails to Demonstrate That Building Was Substantially Rehabbed
Landlord Can't Get 20 Percent Vacancy Increase from Second Successor Tenant
Formerly Rent-Controlled Apartment Became Stabilized Under 1983 Agreement with HPD
CAB Expulsion Order Ended When Prior Tenant Died
DHCR Grants Pass-on Rights to Son While Tenant "Temporarily Exempt" from Primary Residence Requirements
Longevity Increase Applied When Vacancy Lease Was Due to Adding Roommates as Tenants
IAI Rent Increases Reinstated on Appeal of Overcharge Ruling Proved Lawful Vacancy Deregulation
Landlord Who Refunded Overcharge Before Final Notice Avoids Triple Damages in Pre-HSTPA Case
Building Was Exempt from Rent Stabilization Based on Prior DHCR Finding of Substantial Rehab
Landlord Proved Apartment Was Vacancy-Deregulated Before Tenant Moved in
Rent Overpayment Between Effective Date and Issuance Date of Rent Reduction Order Not Due to Willful Overcharge
Tenants in 421-a Building Claiming Rent Concessions Caused Overcharges Can Pursue Class Action
Landlord Didn't Comply with Rent Reduction Order that Froze Apartment Rent
Landlord's Roof Deck Fee to Rent-Stabilized Tenants Was Reduction in Required Services
Can Landlord Withdraw Building from the Rental Market?
New Tenant Can't Challenge Initial Rent-Stabilized Status or Rent After Vacancy Decontrol
NYC Registration Requirements for Short-Term Rentals Take Effect
Trial Required on Breach of Warranty of Habitability, Claims Based on Elevator Repairs
Court Recalculates Rent Overcharge Findings Based on Default Formula
Court Can't Award Money Judgment for Back Rent Because Tenant Had Moved Out
Landlord Who Didn't Provide Water to Tenant's Apartment for 3 Years Was Fined $9,000
DHCR Must Reconsider Whether MCI Based on Pointing/Waterproofing Was Depreciable
Holdover Petition Dismissed Based on Insufficient Description of the Subject Apartment
Landlord Who Provided Emergency Lighting During Power Outage Owed Duty of Care to Injured Tenant
Landlord Didn't Disclose It Had Received LRAP Funds to Pay Tenant's Rent
Is Landlord Responsible for "Drug Fumes" from Neighbor's Unit Tenant Claims Injured Her?
January Insights
