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Landlord 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.
Court Questions Whether Guaranty in Initial Lease Extended Upon Lease Renewal
Landlord 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.
Court Permits Tenant Claiming Fraud to Subpoena Building-Wide Rent Registration Records
Tenant sued landlord, claiming rent overcharge and a fraudulent scheme to evade the Rent Stabilization Law. After starting the lawsuit, tenant sent the DHCR a subpoena for registration rent roll reports for the building for the years 2006–2022. The court denied landlord’s request to quash the subpoena.
DHCR Must Reconsider Whether MCI Based on Pointing/Waterproofing Was Depreciable
Landlord applied to the DHCR for MCI rent hikes based on pointing and waterproofing performed pursuant to NYC Local Law 11's facade inspection and safety program. The DHCR ruled for landlord. Tenants then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable.
ERAP Stay Vacated Because Co-Tenant Already Applied for and Was Denied ERAP Assistance
Landlord sued to evict tenant for nonpayment of rent. Tenant filed an ERAP application, which automatically stayed the eviction proceeding. Landlord then asked the court to vacate the ERAP stay, pointing out that a co-tenant already had applied for ERAP and that prior application was denied by the NY State OTDA.
ERAP Stay Vacated by Court Where Occupant Was Former Super Who Never Paid Rent
Landlord sued to evict its former building superintendent after his employment was terminated in October 2021. The super had lived in one of landlord’s apartments since 2017 in connection with his employment. After the case was started, the super filed a Hardship Declaration, which stayed the proceeding until Jan. 15, 2022.
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's calendar for trial.
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 she filed the PAR one day late because she contracted COVID-19 and tested positive for the virus on Jan. 7, 2022.
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.
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