Landlord v. Tenant

Landlord v. Tenant: November 2015

October 21, 2015    

Rent Reduction Denied: No Rent Reduction Where Elevators in Service on Inspection Date

Tenant complained of a reduction in building-wide services. She claimed that there was limited or no elevator service at the building. The DRA ruled against tenant after inspection showed that the two...

Landlord v. Tenant: October 2015

September 22, 2015    

Rent Overcharge: Four-Year Rule Applied to Overcharge Claim

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord v. Tenant: September 2015

August 26, 2015    

Landlord’s Negligence: Landlord Had No Notice Before Pipe Burst

Tenant sued landlord and its managing agent in small claims court for water damage to her property caused by a broken pipe in her apartment building. The court dismissed the case against the managing agent, finding...

Landlord v. Tenant: July 2015

June 30, 2015    

Eviction: Tenant Didn’t Comply with Requirements for New Keycard

Tenant sued landlord for illegal lockout. She claimed that landlord didn’t give her keycards to the new locks that had been installed on the entry doors solely because she had refused to provide landlord with a...

Recent High-Income Deregulation Rulings

May 11, 2015    

Here are some DHCR rulings from the past year that illustrate some of the points made about the high-income/high-rent deregulation process in this special issue.

Landlord v. Tenant: November 2014

November 12, 2014    

Discrimination: Tenant Claims Therapy Dog Needed as Treatment for Disability

Landlord sued to evict tenant who kept a dog in violation of his lease and didn't remove the dog after landlord sent tenant a notice to cure. Tenant then complained to the State Division of Human Rights (...

Landlord v. Tenant: October 2014

September 22, 2014    

Rent Stabilization: Building Substantially Rehabbed Was Exempt from Stabilization

Landlord sued to evict an unregulated tenant. Tenant claimed that he was subject to rent stabilization. The trial court ruled for landlord. Tenant appealed and lost. Landlord showed that prior landlord...

Landlord v. Tenant: September 2014

August 21, 2014    

Alterations to Apartments: Tenant Renovated Bathroom Without Landlord’s Permission

Landlord sued to evict rent-stabilized tenant for creating a nuisance and for violating his lease by performing unauthorized alterations. Landlord claimed that tenant demolished the apartment’...

Landlord v. Tenant: August 2014

July 25, 2014    

Primary Residence: Tenant Must Submit to Independent Medical Exam

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in New Jersey and sublet the apartment without landlord’s permission. Tenant claimed that he was away...

Landlord v. Tenant: July 2014

June 24, 2014    

Demolition: Landlord’s Demolition Application Denied

Landlord asked the DHCR for permission to terminate one rent-stabilized and four rent-controlled tenancies in order to demolish the building tenants lived in. Landlord claimed that the apartments were uninhabitable, that a new...

Landlord v. Tenant: June 2014

May 27, 2014    

Demolition: Building Code Changes Required Changes to Demolition Plan

Landlord asked the DHCR for permission to refuse renewal of rent-stabilized tenants’ leases based on its intent to demolish the building. The DRA ruled against landlord, finding that it didn’t have the...

Landlord v. Tenant: May 2014

April 24, 2014    

DOB Violations: Tenant's Rental to Tourists Violated Building Code

DOB issued violation notices to landlord for operating an apartment building for transient use, as well as related violations of sprinkler, egress, and fire alarm regulations based on the building's use for...