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...
Tag: apartment deregulation
July 23, 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
A recent decision of the Appellate Division has emphasized the burden a landlord faces when confronted with a rent overcharge claim. In the case of Chekowsky v. Windemere Owners, LLC, 2014 N.Y. Slip Op. 01139 (1st Dept. 2014) a ...
February 27, 2014Joshua C. Price
In light of the landmark Roberts decision (a case that held that owners who had received J51 tax benefits from the City of New York and then subsequently deregulated rent stabilized apartments were liable ...
December 20, 2013Joshua C. Price
A few days ago the Appellate Division, First Department issued a decision in which it affirmed the long-held principle that a landlord and a tenant cannot enter into an enforceable agreement in which the parties have opted out of rent stabilization. I wrote an ...
November 27, 2013Joshua C. Price
The rent regulation system (both rent control and rent stabilization) is an albatross to landlords and as a result those landlords are often looking for any way to free themselves from the confinement of the regulatory system. For decades now, individual landlords have concocted schemes ...
November 25, 2013Joshua C. Price
A recent decision of the Appellate Division, First Department will make it even easier for tenants to avoid the four year statute of limitations in rent overcharge cases. What ...
November 22, 2013Joshua C. Price