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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 proper discretion.
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 a bidding process and used house workers and inflated the price.
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 appealed and lost. The Loft Board’s decision was rational and not contrary to law.
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 wasn’t personally served with the court papers.
Tenant Refused to Pay Use and Occupancy While Case Pending
Landlord sued to eject rent-stabilized tenant. In two separate orders, the court directed tenant to pay for past and current use and occupancy while the case was pending. When tenant failed to comply, the court struck tenant’s answer and awarded possession to landlord. Tenant appealed and lost. Tenant’s repeated failure to pay use and occupancy constituted willful and contumacious behavior, and the court properly ruled for landlord.
Landlord Responsible for Exterminating Bedbugs in Tenants' Apartment
Tenants sued landlord for negligence, claiming that landlord never eradicated a bedbug infestation in their apartment that began in 2012. Landlord claimed that it wasn’t responsible for the conditions in tenants’ apartment. The court ruled for tenants after a jury trial, and granted tenants’ request to direct a verdict on the issue of landlord’s liability for failing to eradicate the bedbugs, despite efforts to do so.
Contractor Mobilization Costs Included in Approved MCI Costs
Landlord applied for MCI rent hikes based on the installation of new cooling towers, oil to gas conversion, and tank abandonment. The DRA ruled for landlord in part, disallowing $100,000 in mobilization costs. Landlord and tenant both appealed. The DHCR ruled against tenant, who argued that the MCIs lowered landlord’s utility costs.
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