Landlord v. Tenant

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DOS Violations: Religious Holiday Observance Doesn't Excuse Placing Trash Cans Out Too Early

DOS issued a violation notice to landlord for placing trash cans out too early for the following day’s collection. Landlord opposed the violation, but the ALJ fined him $100. Landlord appealed and lost. The violation stated that the cans were on the curb one hour and 27 minutes before the proper time, which was 12 hours before pickup. Landlord claimed for the f...

Fire Department Violations: Landlord Proves Sprinkler System Flow Test Was Timely

The Fire Department issued a violation notice to landlord for failing to arrange for a performance flow test of the building’s residential sprinkler system in the presence of a Fire Department representative. Landlord claimed that the sprinkler system had been tested by the violation date. The Fire Department noted that the building had two sprinkler system accounts and there...

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 building elevators were working. Tenant appealed and lost. She argued that the elevators had been out of service or in limited service for over five months and that there should ...

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’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 that only landlord could be liable. Tenant claimed at trial that landlord was negligent since it didn’t contact her in a timely manner after discovering the leak. The court ru...

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 photograph of herself. Landlord presented a 2012 DHCR order that permitted landlord to issue the electronic keycards and stated that if tenants were locked out, the lobby front d...

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.

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 (DHR), claiming discrimination. Tenant argued that the pet was a therapy dog needed to relieve tenant's depression. The DHR later sued landlord to recover damages based on unlawf...

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 substantially rehabilitated the building after Jan. 1, 1974, spending over $319,000 to convert the class "B" SRO building into a class "A" multiple dwelling.

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’s bathroom and removed walls, the toilet, the medicine cabinet, and sink fixtures. Tenant claimed that landlord didn’t respond to his request for repairs in 2008, so he did ...