Whether you’re a landlord looking to take possession of an apartment - due to chronic non-payment, non-primary residence issues or a lease violation - or you’re a tenant facing eviction the lessons learned from these five real New York cases provide useful insight for those currently (or soon-to-be) involved in ...
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February 8, 2016Joshua C. Price
If you’re a landlord being sued for rent overcharge and you’ve spent a significant amount of money renovating the apartment you better be able to prove that you spent enough on those improvements to justify a rent increase. If you can’t prove the amount you invested ...
October 27, 2015Joshua C. Price
Every landlord dreads the nightmare tenant: non-paying, property-destroying, disruptive to other tenants or worse -- criminal. Evictions can take a lot of money and time. If you do your due diligence and take some unique approaches in the screening process, you may just find the perfect ...
July 27, 2015Joshua C. Price
The rent may be "too damn high" but that's not entirely the reason why Jimmy McMillan may be out of a rent-stabilized Manhattan apartment. The New York Daily News reports the 2010 gubernatorial candidate was served with an eviction notice "ordering him out ...
January 28, 2015Joshua C. Price
In Housing Court cases are supposed to be resolved quickly – this is why they are called summary proceedings. Performing discovery is uncommon in summary proceedings but will happen in the context of certain more complicated cases in which one party needs information that is in the exclusive use and ...
December 17, 2014Joshua C. Price
The Price Law Firm LLC prevailed in a recent appeal before the Appellate Term, First Department, determining that a tenant’s apartment was subject to rent stabilization and winning a remand to determine the amount of the tenant’s rent and the amount of the overcharge ...
October 15, 2014Joshua C. Price
For the first time in quite a while an appellate court has reigned in a tenant’s ability to prevail in an overcharge case and has decided a four-year statute of limitations case in the landlord’s favor. In the Matter of Kelley So. Boyd v. DHCR...
July 23, 2014Joshua C. Price
A recent decision of the Appellate Division, First Department has reiterated the long-standing rule that when a landlord overcharges a tenant that the tenant will be entitled to an award of treble damages unless the landlord ...
June 25, 2014Joshua C. Price
A recent decision of the Appellate Term, First Department has reiterated, emphasized and clarified a long-standing rule in non-primary residence cases – That rule is that even if a tenant has under penalty of perjury sworn on tax documents that the tenant lives away from the subject rent stabilized apartment ...
May 9, 2014Joshua C. Price
Many landlord-tenant cases will go on for longer than is appropriate because a factor will come into play seen in landlord-tenant cases but not seen in cases in most other areas of the law. That factor is attorneys' fees. The Lengths People Will Go to Avoid Paying Legal ...
April 8, 2014Joshua C. Price