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Court Applies Law Retroactively to Find Apartment Was Improperly Deregulated
Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that he was rent stabilized and had been overcharged. The court ruled for tenant. Rent Stabilization Law (RSL) Section 26-511(c)(14), as amended effective June 15, 2015, requires that the rent prior to a vacancy exceed $2,500 in order for the next tenant to be d...
Landlord Can Evict Tenant for Chronic Nonpayment of Rent
Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Tenant then failed to pay rent on time in June 2015 and didn’t pay any rent between November 2015 and March 2016. Tenant also didn’t present any excuse for her default. The court ruled that landlord could proceed with eviction. Tenan...
No Proof Roommate Was in Family-Type Relationship with Tenant
Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he had lived with tenant for 43 years in a nontraditional, spousal, family relationship, and therefore had succession rights. The court ruled for landlord after a trial. Occupant failed to prove he had an emotional or financial commitment and interdependence with tenant.
Landlord sued to evict rent-stabilized tenant who repeatedly refused access for inspection and performance of repairs. The court ruled for landlord. Tenant appealed and lost. Tenant argued that the housing court didn't give him a post-judgment opportunity to cure as required under Real Property Actions and Proceedings Law Section 753(4). But the appeals court ruled that the housing court exercised p...
Landlord Promptly Started Eviction Proceedings Against Squatters
DOB issued six violation notices to landlord, in connection with illegal building alterations contrary to the building’s Certificate of Occupancy. DOB’s inspector found that, among other things, landlord had altered a two-family dwelling to add a Class “A” apartment to the cellar and six SRO units on the first and second floors.
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, longevity increase, and a $505 monthly rent increase for individual apartment improvements (IAIs). Tenant disputed the $30,283 spent on IAIs, arguing that landlord didn't use ...
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’s purchase of former tenants’ fixtures and rights. Tenants appealed, claiming that the Loft Board’s decision was unreasonable. The court ruled against tenants, who ...
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 that, although tenant claimed that she couldn’t accept the bedbug treatment for medical reasons, tenant also refused alternative treatments.
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 arbitrary and unreasonable.
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 name a necessary party because the court papers called him “Manuel Lora Davis” when his name actually was “Sully Manuel Lora.” Occupant also claimed that he wa...
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