Landlord v. Tenant

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...

Landlord v. Tenant: August 2021

July 22, 2021    

HARASSMENT

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...

Landlord v. Tenant: April 2021

March 19, 2021    

EVICTION

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....

Landlord v. Tenant: March 2021

February 19, 2021    

BUILDING VIOLATIONS

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...

Landlord v. Tenant: February 2021

January 22, 2021    

EVICTION

Court Issues Eviction Warrant Under DRP 213 for Pre-Pandemic Case

Landlord sued to evict tenant for nonpayment of rent in October 2019. Landlord and tenant, represented by an attorney, signed a settlement agreement in December 2019. Tenant agreed to pay back rent due,...

Landlord v. Tenant: September 2020

August 26, 2020    

MAJOR CAPITAL IMPROVEMENTS

Landlord Gets MCI Rent Hike for Building-Wide Carpet Installation

Landlord applied for MCI rent hikes based on new carpeting installed throughout the building. The DRA ruled for landlord. Tenants appealed, and the DHCR denied their petition for...

Landlord v. Tenant: April 2020

March 19, 2020    

PASSING ON APARTMENTS

Rent-Stabilized Tenant’s Daughter Forged Tenant’s Name on Renewal Leases

Landlord sued to evict rent-stabilized tenant and his daughter. Landlord claimed that tenant left the apartment in 2004 and began living elsewhere, without notifying...

Landlord v. Tenant: March 2020

February 20, 2020    

LANDLORD’S NEGLIGENCE

Landlord Not Required to Inspect Smoke Detector

Tenant sued landlord after he was injured during a fire in his apartment. Tenant claimed that landlord failed to provide an operable smoke detector because it didn’t regularly inspect the smoke...