October 2023
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| LVT_10_2023 FINAL.pdf | 442.33 KB |
MCI Increase for Pointing/Waterproofing Reduced
Pointing/Waterproofing Was Done Within Useful Life of Prior Work
MCI Increase Denied Due to 1983 HPD Vacate Order That Wasn't Cleared
Temporarily Exempt Apartment Was Regulated for Purposes of "35% Calculation"
Landlord Who Filed Incorrect Form for Rent Increase Under Rent Control Can Refile
Demolition Application Denied by DHCR
Tenant-Employee Didn't Become Rent Stabilized When Hospital Employment Ended
Prior Ruling That Building Was Part of HMD Barred Claim Apartments Were Unregulated
Landlord Didn't Prove Horizontal Multiple Dwelling Was Substantially Rehabbed
Landlord Proved Apartment Was Vacancy Deregulated in 2015
Landlord Didn't Prove Sufficient Work Done to Constitute Substantial Rehab
DHCR Won't Accept Proof of Lease Renewal Offer Filed for First Time with PAR
Tenant Entitled to Rent-Stabilized Lease at Rent Charged When He Moved In
DHCR Advises Tenant to Pursue Lease Renewal Complaint in Court
Tenant's Claim That Landlord Forged Renewal Lease Dismissed
Landlord Overcharged Successor Tenant by Collecting Vacancy Increase
Landlord Must Refund Excess Security Deposit Collected from Tenant
DHCR Found $123,000 Overcharge to Tenant in 421-a Building
DHCR Corrected Errors in Rent Overcharge Calculation
Triple Damages Applied to Overcharge Based on Prior Rent Reduction Orders
No Triple Damages for Overcharge Resulting from Rent Reduction Order
DHCR Adopts Rent Stabilization Code Amendments
Eviction Proceeding Dismissed Because Later Court Action Reaffirmed Tenancy
Did Landlord Reasonably Mitigate Damages After Tenant Broke Lease?
Court Permits Limited Pre-Trial Questioning in Connection with Rent Fraud Claim
Nonpayment Proceeding Dismissed Because There Was No Lease
Landlord's Proposed Demolition of Upper Floors Only Didn't Qualify for Approval
U.S. Supreme Court Declines to Hear Landlords' Claim That Rent Stabilization Law Is Unconstitutional
Landlord Can't Get Money Judgment Where Tenant Moved Out While Case Pending
Landlord Can't Recover Airbnb Violation Fines from Tenant Where There's No Proof of Fines
Unit Didn't Become Deregulated by Rent Increase Resulting from Adding New Co-Tenant
Appeals Court Finds Tenants' Claim of Fraud Insufficient
Eviction Proceeding Commenced After ERAP Application Filed Must Be Dismissed
Landlord's Request for Use and Occupancy Pendente Lite Was Premature
Landlord Couldn't Prove Undated Lease Had Expired
Tenant's Rent Reduced After Landlord Replaced Door to Roof with Window
Landlord Points Out New Conditions Mistakenly Cited by Inspector
Landlord Proves It Never Received Notice of Overcharge Complaint
No Rent Fraud Where Landlord of J-51 Building Relied on DHCR Policy Later Overruled
Vacancy Deregulation Didn't Apply When Rent Threshold Reached by Addition of Co-Tenant
Landlord Disavowed Nonrenewal Notice by Sending Renewal Lease Offer Earlier
Court Permits Pretrial Questioning Back to 1984
Fraudulent Scheme to Deregulate Includes Inflation of Rents Leading to Future Deregulation
Illegal Lockout Case Against Landlord Dismissed for Lack of Credibility
Court Holds Landlord in Contempt for Failing to Appear or Correct Violations
October 2023 Insights
