Vol. 28 Nbr. 9, September 2013

Index

• Landlord's attorneys violated FDCPA.
• Tenant can't stop landlord from renovating apartment.
• DEP claims landlord didn't file annual report.
• Landlord fined $2,000 for operating basement office.
• Landlord fined $40,800 for repeated work without permit.
• Landlord fined for installing staircase without permit.
• Court vacates settlement after landlord renews tenant's lease.
• Landlord fined for signs of rodent activity.
• Landlord fined for unsealed mattress in front of building.
• Landlord fined over $47,000 for adding illegal SRO units.
• Out-of-service elevator is class 1 violation.
• Landlord can't evict tenant for operating daycare center in apartment.
• Landlord previously rejected tenant's rent payments.
• Tenant claims retaliatory eviction.
• Tenant used residence for commercial purposes.
• Evicted tenant may seek stay of eviction pending appeal.
• Landlord converted fire escapes to balconies.
• Landlord didn't schedule five-year trip test.
• Was landlord responsible for burns caused by scalding shower water?
• Application was untimely.
• Landlord not responsible for tenant's friend's fall from roof.
• Leaks in apartment unrelated to MCI.
• MCI rent hike granted for kitchen and bathroom modernization.
• MCI rent hike granted for new boiler and burner.
• Tenant severely burned by scalding shower water.
• Engineer's fees disallowed.
• Hallway and lobby renovations don't qualify as MCIs.
• Landlord didn't replace all three water heaters.
• MCI rent hike granted for bathroom modernization.
• No MCI increase for hallway spackling and painting.
• Piecemeal facade work didn't qualify as MCI.
• Landlord can't get second rent hike within 15 years.
• Landlord improperly obtained default judgment and eviction.
• No MCI rent hike for new roof that leaks.
• Tenant can conduct pretrial questioning in owner-occupancy case.
• Tenant can't get Mitchell-Lama co-op apartment.
• Court won't appoint GAL for occupant.
• Landlord can't base holdover proceeding on nonpayment of rent.
• No eviction permitted where occupant not shown referee's deed.
• Stale rent defense doesn't require dismissal of nonpayment claim.
• Successor tenant waived claim for renewal lease.
• Tenant can withdraw rent overcharge complaint.
• Trial needed to determine legal rent.
• Landlord charged excessive late rent fees.
• Tenant not responsible for unsubsidized portion of rent after subsidy terminated.
• Tenant's daughter claims she's rent controlled.
• Tenants remain regulated after J-51 benefits expire.
• DHCR limits amount of 1/40th rent increase to tenant's MCR.
• Landlord didn't prove costs of individual apartment improvements.
• Landlord waited too long to collect A/C surcharge.
• New tenant must pay rent increase for MCI.
• Tenant's apartment is rent controlled.
• Elevator working at time of DHCR inspection.
• Landlord didn't commit fraud.
• Landlord didn't prove building was 85 percent occupied by rent-regulated tenants.
• Landlord discontinued electrical inclusion without DHCR approval.
• Heat restored to tenant's apartment.
• Landlord restored electric outlet for working stove.
• Refrigerator sinking through weak floor.
• Tenant claims building had six apartments on base date.