Major Decisions
Collazo v. Netherland Prop. Assets LLC
(Court of Appeals 2020)
Tenants Choose Where to File Overcharge
The court held that under the HSTPA of 2019 it was up to tenants to choose whether to bring overcharge cases in Supreme Court or at the DHCR. Landlords had been getting Supreme Court cases dismissed arguing that only DHCR had jurisdiction.
Kuzmich V. 50 Murray Street Acquisition LLC
(Court of Appeals 2019)
Tenants Get Rent Stabilized Leases and Rent Refunds
Thousands of downtown apartments were deregulated after Landlords received 421-g tax breaks which required that the apartments remain rent-stabilized. The court found that the deregulations were unlawful and returned the apartments to rent-stabilization, entitling thousands of tenants to rent refunds.
Murphy v. New York State Division of Housing and Community Renewal v. Southbridge Towers
(Court of Appeals 2013)
Lifelong Mitchell-Lama Tenant Gets Succession
Court held that failure to be on the Income Affidavit was not a bar to succession. Overly technical rules should not be a bar to succession where there is an otherwise valid claim.
East Midtown Plaza Housing Co., Inc. v. Cuomo
(Court of Appeals 2012)
Mitchell-Lama Withdrawal Vote by Apartment Not Shares
Mitchell-Lama shareholders were divided as to whether to withdraw from the Mitchell-Lama program. Court held that the Martin Act applied to privatization of Mitchell-Lama cooperatives and that the vote to withdraw must be counted on a per-apartment basis rather than a per-share basis.
GVS Properties LLV v. Vargas
(Appellate Term, First Department 2019)
Tenants Do Not Have to Pay Rent Where There is No Valid Certificate of Occupancy
Nineteen tenants had withheld rent due to a building conditions caused by a fire. Landlord sued for the rent. Tenants were not required to pay rent because Under Multiple Dwelling Law 301, no rent is due where a building does not have a valid Certificate of Occupancy.