November 2023
Download The Full Issue
| LVT_11_2023 FINAL.pdf | 442.83 KB |
Single-Ply Roof Installation Using New Technology Qualified as MCI
MCI Application Denied Due to Outstanding "C" Violations
MCI Work Done in Response to Building Violations Still Qualified for Rent Increases
Useful Life of Prior Exterior Restoration MCI Still in Effect
DHCR Corrects Room Count Disputed by Both Landlord and Tenants
DHCR Leaves Decision on Whether Occupant Is Rent-Stabilized Tenant to Housing Court
No Succession Rights for Daughter Where Rent-Stabilized Tenant Still Lived in the Apartment
Court Can Decide Occupant's Succession Claim in Nonprimary Residence Case Against Tenant
Untimely Fair Market Rent Appeal Converted to Rent Overcharge Proceeding
Rent Overcharge Resulting from Missing IAI Documentation Wasn't Willful
Yonkers HDFC Building Complex Was Exempt from Rent Stabilization
DHCR Must Re-examine Whether Apartment Was Exempt from Rent Stabilization
Apartment Was Rent Stabilized Absent Proof of Deregulation
Rent Overcharge with Triple Damages Found Due to Pre-Base Date Rent Reduction Orders
Tenant Remained Rent Stabilized After Transfer to Deregulated Apartment
Continued Collection of Rent Increase During Rent Freeze Required Triple Damages
No Triple Damages Where Landlord Refunded Overcharge in Response to Complaint
Lease Records Given More Weight Than Rent Registration Containing Clerical Error
No Proof of Rent Fraud and No Overcharge Found
Landlord Proves No Financial Connection Between Itself and Its Contractor
DHCR Can Withhold Certain Records from Landlord Under Law Enforcement Exception
Holdover Petition Against Section 8 Tenant Dismissed for Improper Service on NYCHA
Eviction Proceeding Was Improperly Dismissed Without Trial
Building Never Had Six or More Units Occupied or Intended for Occupancy
Disputed Claims of Improper Deregulation Required More Fact-Finding
Unit Rented by Nonprofit for Supportive Housing Was Subject to Rent Stabilization
Court Denies Request for Discovery Made by Tenant Claiming Fraudulent Rent Overcharge
Tenant Claims Rent Concession Was Preferential Rent
Tenants Presented Insufficient Proof of Fraudulent Scheme to Deregulate Apartments
Renewal Lease Offered to Month-to-Month Tenant Vitiated Termination Notice
Service of Nonpayment Petition Didn't Comply with CEEFPA
Court Vacates Stipulation Between Parties to Lift ERAP Stay
Rent Demand Didn't Specify Monthly Sums Due
Eviction Petition Dismissed Because Rent-Stabilized Apartment Wasn't Registered
Landlord Waited Too Long to Seek Rent in Eviction Proceeding
Landlord Violated Tenant COVID-Era Protections
Landlord Can't Evict Yonkers Tenant in Building Containing Unlawful Apartment
Tenant Didn't Save Text Message Complaints About Apartment
Landlord Didn't File Affidavit of Service of Petition for Two Years
Termination Notice Wasn't Specific Enough
DHCR Properly Restored Tenant's Rent After Tenant Refused to Give Access for Repairs
Landlord Must Pursue Ejectment Action to Evict Rent-Stabilized Tenant for Nuisance
Court Action for Back Rent Stayed Pending Outcome of Eviction Proceeding
Landlord's Issuance of Rent Demand During Eviction Proceeding Vitiated Termination Notice
Tenant Can Pursue Damages for Breach of Warranty of Habitability in Other Court Action
Subsequent Order Ending Guardianship for Tenant Didn't Require Vacatur of Prior Stipulation
Tenant Can't Sue Landlord for Removing Property After Court Ruling Permitted Removal
November 2023 Insights
