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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 41–60 of 376 results

Paikoff v. Harris, 185 Misc. 2d 372 (1999)

Paikoff v. Harris, 185 Misc. 2d 372 (1999) New York state

We do not read this provision, as do the tenants, as focusing on the size of the increase. Rather, its clear meaning is that the rent may not be increased beyond the rents being charged for comparable apartments. Contrary to...

Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021) New York state

...rent in this case to be the rent actually charged on November 29, 2013, this record does not allow for a determination of whether the increases in rent thereafter were made in accordance with the allowable rent stabilization guideline increases...

Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)

Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023) New York state

...The record shows that Barish-Straus's [*8]initial base date rent was within the appropriate increases permitted by the rent guidelines and there is no evidence demonstrating that this rent was unreliable. While there is an inconsistency in the...

Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021) New York state

When apartment 4E became vacant in 2009, defendant applied a vacancy increase of 17%, causing the rent to increase to $2,082.26, which was above the high-rent deregulation threshold of $2,000 then in effect. Shortly thereafter, defendant...

Riverbend Housing Co. v. Stephenson, 172 Misc. 2d 385 (1997)

Riverbend Housing Co. v. Stephenson, 172 Misc. 2d 385 (1997) New York state

Civil Court dismissed this nonpayment proceeding upon the ground that the amount sought in the petition, representing an "equity increase” payable by the tenant shareholder over a 60-month period to fund necessary capital improvements, did not constitute rent or...

Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)

Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025) New York state

Here, the rental history for apartment 4C listed rent stabilized rents prior to Kerner's occupancy that exceeded applicable lawful increases without listing any reason justifying the [*2]excessive rent increases in those years. Kerner took occupancy of apartment 4C...

Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)

Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025) New York state

Here, the rental history for apartment 4C listed rent stabilized rents prior to Kerner's occupancy that exceeded applicable lawful increases without listing any reason justifying the [*2]excessive rent increases in those years. Kerner took occupancy of apartment 4C...

Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)

Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025) New York state

Here, the rental history for apartment 4C listed rent stabilized rents prior to Kerner's occupancy that exceeded applicable lawful increases without listing any reason justifying the [*2]excessive rent increases in those years. Kerner took occupancy of apartment 4C...

Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)

Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015) New York state

...Further, “[t]he legal regulated rent is defined as the rent actually charged and paid on the base date, four years prior to the interposition of the overcharge claim, plus any legal increases taken thereafter.” Here, she opined, the claim...

Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023)

Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023) New York state

However, with respect to the rent increases for 3A, 4B, 4F and 5E, while defendants concede that they may have made some overcharges, the motion court correctly determined that the record on plaintiffs' summary judgment motion does not establish as...

Walentas v. Johnes, 258 A.D.2d 352 (1999)

Walentas v. Johnes, 258 A.D.2d 352 (1999) New York state

Supreme Court awarded plaintiff the maximum allowable rent increases for all years except 1990, 1992 and 1993, finding service of the requisite notice of maximum collectible rent insufficiently documented for these years. However, the record contains the master building rent...

Rent Stabilization Ass'n v. New York State Division of Housing & Community Renewal, 252 A.D.2d 111 (1998)

Rent Stabilization Ass'n v. New York State Division of Housing & Community Renewal, 252 A.D.2d 111 (1998) New York state

...Petitioners, owners of rent-controlled units in New York *114City and industry trade organizations representing property owners throughout New York City who sought maximum base rent increases for the 1996-1997 cycle, commenced this combined CPLR article 78 proceeding and...

Kachian v. Aronson, 123 Misc. 2d 743 (1984)

Kachian v. Aronson, 123 Misc. 2d 743 (1984) New York state

On the issue of the rent increase payable as of July 1, 1983, respondents are correct in asserting that the increase should only be 22%. Board order No. 1 provides for a 4% surcharge above the 22% increase if the...

1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)

1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024) New York state

The tenant has failed to pay rent due and owing, provided however that the rent due and owing, or any part thereof, did not result from a rent increase which is unreasonable . . .

1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)

1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024) New York state

The tenant has failed to pay rent due and owing, provided however that the rent due and owing, or any part thereof, did not result from a rent increase which is unreasonable . . .

Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)

Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023) New York state

...The amended registration for apartment 11B lists the legal regulated rent, including Aras's rent, which generally comports with allowable increases and the rent that Aras actually paid. Aras, who is a real estate agent, does not contest the rents...

Walentas v. Johnes, 257 A.D.2d 352 (1999)

Walentas v. Johnes, 257 A.D.2d 352 (1999) New York state

41 NY2d 386, 391). Finally, defendant never affirmatively denied receipt of the notices. Therefore, we find that plaintiff is entitled to rent increases for all years for which rent arrears are sought.