Landlord v. Tenant

Landlord v. Tenant: April 2024

March 18, 2024    


Qualifying MCI Work Need Not Be Performed to Entire Building Complex

Landlord of a large apartment complex containing 35 buildings applied to the DHCR for MCI rent hikes at 12 buildings, based on installation of new roofs, facade restoration, and...

Landlord v. Tenant: November 2023

October 27, 2023    


Demolition Application Denied by DHCR

Landlord asked the DHCR for permission to refuse renewal of tenant’s lease and proceed for eviction based on building demolition. The DRA ruled against landlord, finding that it hadn’t submitted plans for the work at...

Landlord v. Tenant: September 2023

August 24, 2023    


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...

Landlord v. Tenant: July 2023

June 22, 2023    


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...

Landlord v. Tenant: March 2023

February 21, 2023    


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...

Landlord v. Tenant: January 2023

December 21, 2022    


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...

Landlord v. Tenant: November 2022

October 25, 2022    


Landlord v. Tenant: August 2022

July 28, 2022    


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...

Landlord v. Tenant: June 2022

May 19, 2022    


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...

Landlord v. Tenant: May 2022

April 22, 2022    


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...

Landlord v. Tenant: April 2022

March 18, 2022    


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...

Landlord v. Tenant: March 2022

February 18, 2022    


Unemployed Tenant Who Got Large Settlement Couldn’t Rely on Hardship Declaration

Landlord sued to evict tenants for nonpayment of rent. Landlord questioned the validity of a Hardship Declaration filed by...