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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 the occupants filed a Hardship Declaration. The Hardship Declaration stayed the proceeding until Jan. 15, 2022, by law. Landlord then asked the court to restore the case to the court...
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. Tenant acknowledged with her filing that the PAR was postmarked on Jan. 28, 2022, which was more than 35 days after the date that the DRA's order was issued. Tenant said that...
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 fiduciary duty, disgorgement, restitution, unjust enrichment, negligence, and negligent misrepresentation. They also sought punitive damages.
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 asked the court to dismiss the case after trial, claiming that tenant failed to state a cause of action. The court ruled for landlord.
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 the case without trial.
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. Tenant later sought further delay based on the Emergency Eviction and Foreclosure Prevention Act of 2020, enacted on Dec. 28. The new law required delay of already issued eviction ...
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 access dates. Tenant later claimed that conditions originally alleged persisted, while landlord claimed that they were repaired. Reinspection by HPD left questions unresolved.
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, and landlord agreed to make certain repairs. Landlord later sought a judgment and warrant based on tenant’s default. By further agreement, a judgment was entered for landlord...
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 administrative review (PAR). Tenants then filed an Article 78 court appeal and argued that the DHCR’s decision was arbitrary and unreasonable. The court ruled against tenants, who ...
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