Landlord's Due
While “rent” arises from a lease, this form of compensation may still be legally required from someone who occupies a property without one.
What is use and occupancy?
This person was recently sent to Rikers for 60 days twice by Judge Stoller in a case where HPD referenced "The Super" starring Joe Pesci in their contempt motion
Who is Daniel Ohebshalom a/k/a Dan Shalom?
Under HSTPA, the legal definition of this term was changed to generally mean "use and occupation" only, barring any additional fees or penalties in summary proceedings
What is rent?
What are the contents of Regina Metro's infamous fn. 7 (i.e., its significance)?
Name three exemptions to GCEL
Small LL (10 units or less in state)
Owner-occupied unit in bldg w/ 10 or less units
Covered by RC, RS, condo, co-op
Sublease where sublessor seeks possession for personal use
Units w/ rents more than 245% of FMR (2024, $6,004/mo. for 1-bedroom)
Hospitals, dorms, w/in a religious facility or institution, hotels
A landlord can only demand adjudication of these two types of payments in Housing Court summary proceedings
What are rent and use and occupancy charges?
By clear and convincing evidence
What burden must the moving party meet to establish civil contempt?
June 14, 2019
What date did New York's major tenant protection overhaul take effect?
What is the full caption of Hertzan, J. Bacdayan's most complete formulation of her rent overcharge fraud analytical framework?
1532-1609 Ocean Avenue, LLC v. Dena Hertzan
Effective date of Good Cause Eviction Law (GCEL) and eff. date of GCEL notices requirement
April 20, 2024 & 120 days thereafter (or August 18, 2024)
This New York Real Property Law section allows landlords to recover retroactive and prospective compensation, not considered rent, for the use of property when there has been a prior agreement, under a statute that is not RPAPL 745.
What is RPL 220?
A remedy to coerce compliance with court orders and/or compensate injured parties, but never purely punitive
What is civil contempt?
This upfront payment was capped at one month's worth under the 2019 NY housing law
What is a security deposit?
Holding of AD1 in Burrows?
Common law fraud elements required to get around lookback period, but availability of DHCR rent history at all times means T cannot demonstrate justifiable reliance element as a matter of law.
Who is citywide supervising judge of NYC Housing Ct.?
J. Stoller
In the absence of proof of previous rents, courts may use this type of evidence to establish the reasonable rental value for use and occupancy.
What are comparable rents in the area?
Every 90 days, this mandatory review must occur for those held indefinitely in civil contempt
What is a judicial hearing to determine if the contemnor should be released?
This tenant notification period increased from 8 business days to 14 days under HSTPA
What is an eviction notice?
Issue on appeal before AD1 in West Pierre Assoc. v. Julia Harvey, in which LSNYC filed amicus curiae brief
Whether Regina Metro Court's holding re retroactivity prohibits examining entire rent history for purpose of determining reliability of base date rent and adjusting current/future rents accordingly
Name of case that J. Bacdayan limits to its facts because it contradicts her RO fraud analytical framework
435 Cent. Park W. Tenant v. Park Front Apts., LLC, 183 AD3d 509
To maintain the status quo until a final judgment is rendered
What is the primary purpose of use and occupancy payments?
This type of contempt is purely punitive, meant to compel respect for court mandates and addresses offenses against judicial authority
What is criminal contempt?
HSTPA added this section of law making unlawful evictions a Class A misdemeanor with fines from $1,000 to $5,000
What is RPAPL 768?
Succinct statement of J. Bacdayan's test re RO fraud test
To get around lookback period, colorable claim of fraud requires scheme to illegally deregulate; i.e., actual deregulation or teetering on the precipice of deregulation at some point
J. Bacdayan argues her framework harmonizes Regina Metro fn. 7 and what three seminal RO cases?
Grimm, Thornton, & Conason