Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal
Landlord sued to evict tenant in housing court for nonpayment of rent. In that prior proceeding, landlord obtained a judgment for rent owed in the amount of $45,100, and tenant moved out of the...
Court Permits Tenant Claiming Fraud to Subpoena Building-Wide Rent Registration Records
Tenant sued landlord, claiming rent overcharge and a fraudulent scheme to evade the Rent Stabilization Law. After starting the lawsuit, tenant sent the DHCR a subpoena for...
DHCR Must Reconsider Whether MCI Based on Pointing/Waterproofing Was Depreciable
Landlord applied to the DHCR for MCI rent hikes based on pointing and waterproofing performed pursuant to NYC Local Law 11's facade inspection and safety program. The...
ERAP Stay Vacated Because Co-Tenant Already Applied for and Was Denied ERAP Assistance
Landlord sued to evict tenant for nonpayment of rent. Tenant filed an ERAP application, which automatically stayed the eviction proceeding. Landlord then...
ERAP Stay Vacated by Court Where Occupant Was Former Super Who Never Paid Rent
Landlord sued to evict its former building superintendent after his employment was terminated in October 2021. The super had lived in one of landlord’s apartments since...
Court Lifts ERAP Stay of Holdover Proceeding Against Occupant
Landlord sued to evict apartment occupants as "licensees" after the unit's rent-stabilized tenant died. Shortly after landlord filed the holdover petition in August 2021, one of...
Late Filing of PAR Not Excused by Tenant's COVID Infection
Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who then filed a PAR to appeal. The DHCR rejected tenant's PAR as untimely...
Landlords Claim Property Manager Breached Fiduciary Duty in How Rents Were Set
Landlords of several residential buildings sued their property management company and individual officers affiliated with the management company. Landlords claimed breach of contract, breach of...
Tenant Doesn’t Prove Harassment Based on Alleged Toxic Odor
Tenant brought an HP proceeding against landlord, claiming harassment. She said there was a “toxic odor invading” her apartment in June 2020 and that landlord did nothing about it. Landlord...
Landlord Didn’t Have Control Over Resident Who Allegedly Harassed Tenant
Tenants sued landlord, claiming breach of warranty of habitability and violations of federal and state housing discrimination laws. The court granted landlord’s request to dismiss...
