Vol. 28 Nbr. 14, February 2014

Index

• Landlord gets $30,000 in attorney's fees in pet case.
• Landlord waited too long to seek attorney's fees.
• Tenant gets attorney's fees after defeating breach-of-lease claim.
• Tenant can join Mt. Vernon Building Department to nonpayment case.
• Tenant rejected landlord's reasonable accommodation offer.
• Containers holding rain water could draw mosquitoes.
• Ignorance of mattress sealing rule no excuse.
• Landlord changed gas valve on hot water heater without permit.
• Landlord put recyclables in cardboard boxes.
• Landlord used two-family house for illegal tourist hostel.
• Man fined $2,000 for removing recyclables.
• Eviction warrant reinstated after bankruptcy case completed.
• Landlord can evict tenant to renovate apartment, raise rent.
• Landlord waited too long to seek eviction.
• Plastic hangers are not recyclable.
• Tenant gets stay of eviction in bankruptcy court.
• Housing program residents claim harassment, unlawful evictions, other abuses.
• Landlord didn't renew fuel tank permit.
• Rent overcharge complaint converted to fair market rent appeal.
• Tenant can be evicted for family member's criminal activity.
• 6 percent of apartments had water seepage after facade work.
• Door plates and floor signs don't qualify as MCIs.
• Loft tenants can't partition loft.
• New cornice installed with facade restoration qualifies as MCI.
• No MCI increase for leaking, bubbling roof.
• Landlord didn't accurately report commercial space in building.
• MCI increase temporarily offset by 50 percent of annual J-51 benefit.
• No MCI rent hike for piecemeal parapet replacement.
• Tenant's nephew can't get rent-stabilized apartment.
• Tenant's niece can't get rent-stabilized apartment.
• Court can't default tenant for not making interim rent payment.
• Court, not DHCR, must rule on tenants' overcharge claims.
• Landlord didn't properly identify regulatory status in petition.
• Landlord waived no-pets clause but no attorney's fees for tenant.
• Tenant must walk dog outside with leash and muzzle.
• Former residents have no claim against unlicensed assisted living facility.
• Insufficient proof of chronic nonpayment of rent.
• Landlord didn't comply with settlement terms.
• Tenant can't vacate default judgment.
• DHCR limits 1/40th rent increase for painting.
• No triple damages where landlord made apartment improvements.
• Triple damages revoked based on landlord's good-faith belief of legal rent.
• Triple damages revoked upon DHCR reconsideration.
• No proof of fraud warranted piercing four-year rule.
• No service reduction found with electric door key access.
• Overcharge results after high-income deregulation voided.
• Tenant's fraud claim dismissed.
• Intercom system still defective.
• Landlord could collect renewal lease rent upon rent restoration.
• Smoke and CO detectors not required in hallways.
• Tenant challenges landlord's claimed high-rent vacancy deregulation.
• Tenant lost gas service due to gas leak shut-off.
• Apartment deregulated in high-rent/high-income proceeding.
• Building and tenant were rent stabilized.
• Co-tenant added after J-51 benefits expired remains rent stabilized.
• Landlord doesn't prove high-rent vacancy deregulation of apartment.
• Did single incident of vandalism by tenant's guest violate lease?
• Landlord can move and reduce laundry room service.
• Tenant fails to prove breach of warranty of habitability.