Each month our sister publication, NEW YORK LANDLORD V. TENANT, summarizes about 50 decisions by the courts and the DHCR involving owners and tenants. Here are three from the most recent issue.
MAJOR CAPITAL IMPROVEMENTSLobby/Vestibule Renovations Don't Qualify for MCI Rent HikesLandlord applied to the DHCR for MCI rent hikes. The DRA ruled in part for landlord, granting an increase for building entrance doors but disallowing claimed costs related to new stone flooring and saddle, new lobby flooring, a shallow depth floor closer, lobby wall marble, and a marble intercom panel.
MAJOR CAPITAL IMPROVEMENTSQualifying MCI Work Need Not Be Performed to Entire Building ComplexLandlord of a large apartment complex containing 35 buildings applied to the DHCR for MCI rent hikes at 12 buildings, based on installation of new roofs, facade restoration, and related engineering fees. The DRA ruled for landlord.
DEMOLITIONDemolition Application Denied by DHCRLandlord asked the DHCR for permission to refuse renewal of tenant’s lease and proceed for eviction based on building demolition. The DRA ruled against landlord, finding that it hadn’t submitted plans for the work at issue, approved by the appropriate government agency, showing that the work constituted a demolition. DOB-approved plans submitted by landlord didn’t include removal of the roof and therefore failed to meet the Rent Stabilization Code’s demolition criteria.
RENTCourt Questions Whether Guaranty in Initial Lease Extended Upon Lease RenewalLandlord sued to evict tenant in housing court for nonpayment of rent. In that prior proceeding, landlord obtained a judgment for rent owed in the amount of $45,100, and tenant moved out of the unit. Landlord then sued tenant and her lease guarantor in State Supreme Court, and sought enforcement of the money judgment against the guarantor.
