Landlord v. Tenant

Landlord v. Tenant: August 2017

July 27, 2017    

RENT OVERCHARGE

Landlord Not Required to Seek Lowest Cost for IAIs

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89, including interest. Tenant appealed and lost. The DRA had calculated the legal rent based on a vacancy increase...

Landlord v. Tenant: July 2017

June 22, 2017    

LOFTS

Buyouts of Prior Loft Tenants Permanently Excluded Units from Rent Regulation

The Loft Board found that residential units in a building qualified as interim multiple dwellings (IMDs) under the Loft Law but weren’t subject to rent stabilization upon prior landlord...

Landlord v. Tenant: April 2017

March 17, 2017    

EXTERMINATION OF PESTS

Landlord Can Return to Court If Bedbug Treatment Tenant Requested Doesn’t Work

Landlord sued to evict tenant for unreasonably refusing access to the apartment in order to exterminate and remove bedbugs. Landlord’s termination notice stated...

Landlord v. Tenant: March 2017

February 17, 2017    

DEMOLITION

Landlord Must Pay Tenant Stipends and Relocation Costs

The DHCR directed landlord to pay tenants’ demolition stipends and relocation costs in connection with a building demolition. Landlord filed an Article 78 appeal, claiming that the DHCR’s decision was...

Landlord v. Tenant: February 2017

January 24, 2017    

PROCEDURE—COURT

Landlord Sufficiently Identified Apartment Occupant in Court Papers

Landlord sued to evict apartment occupants, claiming that they were licensees or squatters. One of the occupants asked the court to dismiss the case. He claimed that landlord failed to...

Landlord v. Tenant: January 2017

December 16, 2016    

Procedure—Court

Tenant Refused to Pay Use and Occupancy While Case Pending

Landlord sued to eject rent-stabilized tenant. In two separate orders, the court directed tenant to pay for past and current use and occupancy while the case was pending. When...

Landlord v. Tenant: December 2016

November 21, 2016    

Landlord’s Negligence

Landlord Responsible for Exterminating Bedbugs in Tenants' Apartment

Tenants sued landlord for negligence, claiming that landlord never eradicated a bedbug infestation in their apartment that began in 2012. Landlord claimed that...

Landlord v. Tenant: November 2016

October 7, 2016    

MAJOR CAPITAL IMPROVEMENTS

Contractor Mobilization Costs Included in Approved MCI Costs

Landlord applied for MCI rent hikes based on the installation of new cooling towers, oil to gas conversion, and tank abandonment. The DRA ruled for landlord in part, disallowing $100,000 in...

Landlord v. Tenant: October 2016

September 23, 2016    

Major Capital Improvements

MCI Rent Hike Granted for Building-Wide Carpet Installation

Landlord applied for MCI rent hikes based on building-wide carpet installation. The DRA ruled for landlord, and tenants appealed. Tenants argued that carpet was previously installed in 1995...

Landlord v. Tenant: September 2016

August 19, 2016    

MAJOR CAPITAL IMPROVEMENTS

Tenant Refused Access for Window Installation

Landlord applied for MCI rent hikes based on building-wide installation of new windows. The DHCR ruled for landlord. One tenant filed an Article 78 appeal, claiming that the DHCR’s decision was...

Landlord v. Tenant: August 2016

July 13, 2016    

Landlord’s Negligence: Landlord Not Responsible for Shooting of Two Tenants in Vestibule

Tenant and the family of another tenant sued landlord for negligence after they were shot in the building’s public vestibule. One of the tenants died. Landlord asked the court to dismiss...

Landlord v. Tenant: July 2016

June 23, 2016    

Alterations to Apartments: Landlord Can Evict Tenants If They Don’t Remove Washing Machine

Landlord sued to evict rent-stabilized tenants for keeping and using a washing machine in their apartment, in violation of their lease. Landlord and tenants, each represented by attorneys,...

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