Articles Posted in New York Court of Appeals

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In 2003, Altman subleased from Rider, the apartment's tenant since 1993. Rider had a rent-stabilized lease at $1,829.49 per month. In 2004, the landlord commenced a nonpayment proceeding against both men. Altman and the landlord entered into a settlement, agreeing that Rider would surrender all rights to the apartment and the landlord would deliver a new lease to Altman. A "Deregulation Rider," stating that the apartment was not rent-stabilized "because the legal rent was or became $2000 or more on vacancy" after the statutory vacancy increase was added to the last regulated rent. The landlord removed the apartment from registration based on "high rent vacancy." Defendant purchased the premises and, in 2007, entered into a fair market renewal lease with Altman at $2,600 per month. Altman agreed to refrain from challenging the nonregulated status of the apartment. Beginning in 2008, the owner commenced a series of nonpayment proceedings against Altman. Altman did not challenge the apartment's deregulated status. In 2014, Altman sought a declaration that the premises are subject to rent stabilization. On remand, the Supreme Court held that, although the owner was entitled to a 20% rent increase for Altman's initial lease, that increase did not deregulate the apartment. The New York Court of Appeals reversed. The 20% vacancy increase should be included when calculating the regulated rent to determine whether an apartment has reached the $2,000 deregulation threshold in the Rent Stabilization Law, section 26-511 [c]. View "Altman v 285 W. Fourth LLC" on Justia Law

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In 2003, Altman subleased from Rider, the apartment's tenant since 1993. Rider had a rent-stabilized lease at $1,829.49 per month. In 2004, the landlord commenced a nonpayment proceeding against both men. Altman and the landlord entered into a settlement, agreeing that Rider would surrender all rights to the apartment and the landlord would deliver a new lease to Altman. A "Deregulation Rider," stating that the apartment was not rent-stabilized "because the legal rent was or became $2000 or more on vacancy" after the statutory vacancy increase was added to the last regulated rent. The landlord removed the apartment from registration based on "high rent vacancy." Defendant purchased the premises and, in 2007, entered into a fair market renewal lease with Altman at $2,600 per month. Altman agreed to refrain from challenging the nonregulated status of the apartment. Beginning in 2008, the owner commenced a series of nonpayment proceedings against Altman. Altman did not challenge the apartment's deregulated status. In 2014, Altman sought a declaration that the premises are subject to rent stabilization. On remand, the Supreme Court held that, although the owner was entitled to a 20% rent increase for Altman's initial lease, that increase did not deregulate the apartment. The New York Court of Appeals reversed. The 20% vacancy increase should be included when calculating the regulated rent to determine whether an apartment has reached the $2,000 deregulation threshold in the Rent Stabilization Law, section 26-511 [c]. View "Altman v 285 W. Fourth LLC" on Justia Law

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Aponte moved into his mother's one-bedroom New York City Housing Authority (NYCHA)-owned apartment and cared for her until she died in 2012. Two requests for Aponte to be granted permanent permission to live with his mother were denied. After she died, Aponte requested to be allowed to lease her apartment as a "remaining family member." NYCHA denied his request, finding that Aponte lacked permanent permission to reside in the apartment; management properly denied such permission because Aponte's presence would have violated occupancy rules for overcrowding. A person lacking permanent permission to reside in an apartment is not eligible for RFM status. The Court of Appeals upheld the denial. Under its rules, NYCHA could not have granted Aponte permanent permission to reside in his mother's apartment, and thus could not have granted his request for RFM status. NYCHA's rules contemplate that a tenant may require a live-in home-care attendant, either for a transient illness or the last stages of life, and expressly allow for such an attendant as a temporary resident, even if that permission will result in "overcrowding," regardless of whether the attendant is related to the tenant. NYCHA's policy is not arbitrary and capricious for not allowing Aponte to bypass the 250,000-household waiting line as a reward for enduring an "overcrowded" living situation while caring for his mother. View "Aponte v Olatoye" on Justia Law

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Aponte moved into his mother's one-bedroom New York City Housing Authority (NYCHA)-owned apartment and cared for her until she died in 2012. Two requests for Aponte to be granted permanent permission to live with his mother were denied. After she died, Aponte requested to be allowed to lease her apartment as a "remaining family member." NYCHA denied his request, finding that Aponte lacked permanent permission to reside in the apartment; management properly denied such permission because Aponte's presence would have violated occupancy rules for overcrowding. A person lacking permanent permission to reside in an apartment is not eligible for RFM status. The Court of Appeals upheld the denial. Under its rules, NYCHA could not have granted Aponte permanent permission to reside in his mother's apartment, and thus could not have granted his request for RFM status. NYCHA's rules contemplate that a tenant may require a live-in home-care attendant, either for a transient illness or the last stages of life, and expressly allow for such an attendant as a temporary resident, even if that permission will result in "overcrowding," regardless of whether the attendant is related to the tenant. NYCHA's policy is not arbitrary and capricious for not allowing Aponte to bypass the 250,000-household waiting line as a reward for enduring an "overcrowded" living situation while caring for his mother. View "Aponte v Olatoye" on Justia Law