Landlord v. Tenant

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...

Landlord v. Tenant: January 2022

December 20, 2021    


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    


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    


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    


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...