Landlord v. Tenant

Landlord v. Tenant: November 2023

October 27, 2023    

DEMOLITION

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    

RENT

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    

RENT OVERCHARGE

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    

MAJOR CAPITAL IMPROVEMENTS

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    

PROCEDURE—COURT

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    

PROCEDURE—COURT

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    

PROCEDURE—COURT

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    

PROCEDURE—DHCR

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    

RENT

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    

PROCEDURE—COURT

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...

Landlord v. Tenant: January 2022

December 20, 2021    

HARASSMENT

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...