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Home » Topics » New York Apartment Law Insider » Landlord v. Tenant

Landlord v. Tenant
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Landlord v. Tenant: January 2020

Dec 17, 2019

RENT OVERCHARGE

No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming fraud by landlord. The DHCR ruled against tenant, who then filed an Article 78 court appeal. Tenant claimed that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. The DHCR's decision was rationally based,...

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Landlord v. Tenant: December 2019

Nov 12, 2019

MAJOR CAPITAL IMPROVEMENTS

MCI Increase Granted for New Garage Roof that Doubled as Courtyard  

Landlord applied for MCI rent hikes based on the installation of a new garage roof that functioned as a courtyard. The DRA ruled for landlord but disallowed the costs of the garage walls and interior, foundation walls, slabs, beams, columns, permits, engineering, and miscellaneous costs. Landlord and tenant both appealed and lost. Tenants objected to...

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Landlord v. Tenant: November 2019

Oct 11, 2019

DISCRIMINATION

Landlord Must Accept Section 8 Vouchers

The NY Attorney General sued landlord and sought an injunction barring landlord from not accepting federal housing subsidized vouchers as a form of rent. The AG claimed that landlord’s refusal to accept the vouchers violated the town of West Seneca’s fair housing code, which prohibited discrimination based on income source. The court granted landlord’s request to dismiss the case an...

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Landlord v. Tenant: October 2019

Sep 19, 2019

RENEWAL LEASES

Rent-Stabilized Tenant Can’t Add Son to Parking Space Lease

Rent-stabilized tenant filed a lease violation complaint. Tenant claimed that landlord refused to offer a renewal lease for parking spaces on the same terms and conditions as contained in the expiring parking space leases. Tenant also claimed her son should be added to the parking space leases. The DRA ruled for tenant, finding that landlord never answered the complaint. Lan...

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Landlord v. Tenant: September 2019

Aug 22, 2019

    OWNER OCCUPANCY

Amended Law Bars Landlord from Recovering Entire Building for Owner Occupancy 

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Landlord v. Tenant: August 2019

Jul 29, 2019

LEAD PAINT

Landlord Held in Contempt with Daily Fines for Lead Paint Violations

Tenant sued landlord, seeking correction of Housing Maintenance Code violations. The court directed landlord to cure lead paint violations in the apartment, where tenant lived with a child under the age of 7. Tenant later asked the court to hold landlord in contempt because the condition hadn’t been cured. The court ruled for tenant. Landlord hadn’t completed abat...

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Landlord v. Tenant: July 2019

Jun 20, 2019

 PETS

Tenant Cured Lease Violation by Getting Rid of Two Pit Bulls 

Landlord sued to evict tenant for keeping pit bull dogs in her apartment without landlord’s permission. The court ruled for landlord based on tenant’s failure to appear in court. The court later denied tenant’s request to vacate the default, since tenant didn’t deny harboring the dogs, and gave tenant 10 days to cure in order to avoid eviction. Tenant la...

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Landlord v. Tenant: June 2019

May 23, 2019

MAJOR CAPITAL IMPROVEMENTS

Parking Area Wasn’t Commercial Space for MCI Purposes

Landlord applied for MCI rent hikes based on installation of a new roof, facade and parapet restoration, bulkhead and entrance doors, intercoms, and related architectural fees. The DRA ruled for landlord but set the effective date of the MCI rent hike as Jan. 1, 2013, after finding that this was the first rent payment date after landlord submitted additional required i...

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Landlord v. Tenant: May 2019

Apr 18, 2019

PETS

Tenant Didn’t Prove Dog Was Emotional Support Animal

Landlord sued to evict tenant for keeping a dog in her apartment, in violation of a no-pet clause in tenant's lease. Tenant claimed that the dog was an emotional support animal needed for her to enjoy her use of her apartment. So, tenant argued, landlord must provide a reasonable accommodation for her disability under the New York State Human Rights Law.

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Landlord v. Tenant: April 2019

Mar 19, 2019

DISCRIMINATION

Lawsuit to Stop Publication of City’s Worst Landlords List Dismissed

Two landlords sued New York City’s Public Advocate for damages and asked the court to stop the Advocate from publishing the city’s watchlist of 100 worst landlords. The city had published the watchlist in 2015 and 2016 and listed landlords’ names. Landlords claimed that the publication denied them due process and was defamatory.


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