July 2023
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| LVT_2023_07_Final.pdf | 387.25 KB |
Landlord Proves Building Was Substantially Rehabbed
No Triple Damages for Pre-HSTPA Overcharge Finding
Building That Was 25% Occupied When Work Began Didn't Qualify as Substantially Rehabbed
Landlord Proved It Obtained DOB Approval for Elevator Upgrading
No MCI Increase for Two Apartments with Leaks Following Pointing Work
Landlord Must Pay Moving Stipends to Tenants Based on Room Counts in Initial Rent Registrations
DHCR Makes No Regulatory Finding on Sub Rehab Application Withdrawn Without Prejudice
DHCR Didn't Reduce Rent Overcharge Finding Based on Unpaid Rent
Only 4 Out of 13 Building System Replacements Were Documented
Landlord Didn't Prove Building Had Been Substantially Rehabilitated
Landlord Proved Lawful IAIs Cost Almost $65,000
Apartment Was Lawfully Deregulated After J-51 Tax Benefits Expired
Apartment Was Vacancy Deregulated After Rent-Controlled Tenant Moved Out
Failure to Attach DHCR Rent Stabilization Riders to Renewal Leases Doesn't Invalidate Rents
Landlord Waived Lawful Rent Increases
Rent Reduction Based in Part on Missing Carbon Monoxide Detector in Tenant's Apartment
Tenant of Building Complex Can Complain About Services Reduced in Separate Building
Landlord Must Refund $118,730 Based on 1989 Rent Reduction Order
Collecting Rent Increase from Rent-Stabilized Tenant Without Renewing Lease Resulted in Overcharge
Landlord Who Refunded Overcharge Almost Four Years After Complaint Filed Avoids Triple Damages
Court Gives Tenant More Time to Seek Pre-Trial Questioning After ERAP Appeal Denied
Court Denies ERAP Stay for Apartment Squatter
Landlord Properly Responded to Tenant's Claim of Nuisance by Neighbor
Tenant Showed No Colorable Overcharge Claim Warranting Vacatur of 2019 Settlement Agreement
Court Rules DHCR's Application of HSTPA Amendments to Pending MCI Applications Was Improper
Landlords Must Give Tenants New Flood History/Risk Lease Rider Notice
NYC Rent Guidelines Board Announces Rent Increases for 2023-2024 Under RGBO No. 55
Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal
Court Upholds DHCR Ruling That Apartment Wasn't Vacancy Deregulated
DHCR Properly Limited Attorney Fees Awarded to Tenants in Regina Case Rent Recalculation
Court Revokes DHCR Ruling That Apartment Was Vacancy-Deregulated
Appeals Court Awards Attorney Fees to Tenant's Lawyers Based on Dismissal of Landlord's Claim
Court Dismisses Tenants' Claim of Fraudulent Rent Overcharge
Appeals Court Won't Vacate Eviction Judgment After Tenant Given Repeated Extensions
Tenant Failed to Demonstrate Retaliatory Eviction Action by Landlord
DHCR Denies Hot Water Complaint Where There Was No Outstanding HPD Violation
Landlord No Longer Entitled to MCI Application for Group Work
DHCR Applies HSTPA Changes to Landlord's Pending MCI Application After June 14, 2019
DHCR Rent Restoration Made Effective on the Date DOB Vacate Order Was Rescinded
DHCR Increases Rent-Controlled Tenant's Rent Based on Unique and Peculiar Circumstances
July 2023 Insights
