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...
Court Must Delay Eviction Under COVID Emergency Law
Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act....
Court Conducts Virtual Inspection of Tenant’s Apartment
Tenant sued landlord in housing court, claiming various apartment conditions required repair. HPD inspected the unit and issued violations. Landlord agreed to abate the violations and agreed upon...
