Decision: Landlord not obligated to mitigate damages when tenant leaves before end of lease

A landlord has no legal duty to mitigate its damages when a tenant vacates the premises prior to the expiration of a lease term. Despite this lack of a duty to mitigate, a landlord is not entitled to rent until the expiration of the lease if there is a surrender of the subject premises by operation of law. A surrender by operation of law "occurs when the parties to a lease both do some act so inconsistent with the landlord-tenant relationship that it indicates their intent to deem the lease terminated."

RGB rent increase orders for 2012-2013

We have posted copies of the Rent Guidelines Board orders from June 21, 2012 that cover all apartments, lofts and hotel leases that commence on or after October 1, 2012. See the orders, the summary and the RGB explanatory statement here.

RGB approves 2% (for 1 yr) and 4% (for 2 yr) rent increases for Rent Stab tenants

New York Daily News
by Erin Durkin
June 21, 2012

Tenants and landlords alike were fuming Thursday when a city board approved rent increases for rent stabilized apartments of 2% for one-year leases and 4% for two-year leases. Drowned out by a raucous crowd chanting, “The rent is too damn high!” and “Zero percent!” the Rent Guidelines Board split the difference between landlords’ reps, who wanted 5% and 9% increases, and tenants’ reps, who wanted a rent freeze. The hikes apply to 1 million rent stabilized city apartments.

Landlord 'paid' biker gang to drive B'klyn tenants out, residents say

New York Post
by Dan MacLeod and Josh Saul
June 18, 2012

It’s the “Hotel Altamont”! The bohemian tenants of two Brooklyn apartment buildings say a violent biker gang has muscled in and gone hog wild ­ turning a first-floor apartment into their private parking pad, throwing beer-soaked parties and assaulting a woman who snapped pics of them misbehaving.

“The landlord has hired thugs to drive the tenants out of the building,” said attorney Thomas Hillgardner, who represents several residents at 13 and 15 Thames St. ­ two ramshackle, three-story commercial buildings in the artist-populated nabe of East Williamsburg.

Roommating 101

Roommating 101
June 9, 2012
by George Bodarky, Julie Clark

How to find and live peacefully with a roommate. For a lot of people, especially young, single people, the only way to afford to live in New York City is to get a roommate. On this week’s Cityscape -- "Roommating 101." We'll explore how to find a roommate, your rights as a roommate, and how to make a roommate situation work even in a tiny studio apartment. On WFUV Radio: Listen.

Residents of a Brooklyn Heights building battle a controversial rent hike

New York Daily News
by Erin Durkin
May 29, 2012

Elderly tenants of 85 Livingston St. say hike would be devastating; state housing agency rules in landlord's favor. Residents of a Brooklyn Heights building are seething over a rent increase they charge could devastate elderly tenants. The 18-story building at 85 Livingston St. was converted to co-ops in 1989, but about 30 rent-stabilized tenants have held on ­ but now fear they could be forced out because developer Mark Teitelbaum, who owns the rental unit, is jacking up their rent.

Lower East Side Neighbors Rally Against Notorious Landlord

Village Voice
by Ben Sin
May 8, 2012

Throughout our coverage of evictions and foreclosures these past few months, there's been a giant elephant in the room: Just about everyone one we've reported on has been black or hispanic. Although there is no doubt the housing crisis is affecting minorities in the outer boroughs the most, this very serious problem can be found all over New York City.

Landlords 'evicting tenants' to make Olympic profit

BBC News
May 8, 2012

Tenants in east London are being evicted from their homes as landlords attempt to cash in on the Olympics, BBC News has learned.

The housing charity Shelter says it has seen more evidence of landlords acting unscrupulously and evicting people illegally. One estate agent said properties typically rented for £350 per week were being marketed for £6,000 per week. Shelter fears the problem will get worse as the Games approach.

Board Is Met With Jeers as It Recommends an Increase in Rents

New York Times
by C. J. Hughes
May 1, 2012

A panel voted on Tuesday to recommend raising rents on rent-stabilized apartments in New York City by amounts comparable to those approved last year.

By a vote of 5 to 4 at Cooper Union’s Great Hall, the Rent Guidelines Board approved increases of 1.75 percent to 4 percent on one-year leases, and 3.5 percent to 6.75 percent increases on two-year leases.

Voice: Tenant Blacklist to end (well, no, not completely)

Note: Tenant attorney James Fishman, in response to this article (below) expressed the following reservations:
The short answer is no, the blacklist isn't over. The OCA (Office of Court Administration) continues to provide a daily electronic feed of all new cases and updates on pending ones. While the feed will not contain the tenant's name (and the addresses were stripped out several years ago) it's not hard to match the index number to the tenant's name via the public access computer. Unless and until OCA stops providing the electronic feed to the data companies it will still be in this. Unfortunately, doing this piecemeal, (stripping the names and addresses) only makes it harder for us to push for complete elimination of the feed.
So, in my view this is just window dressing which gives OCA cover from charges that they're harming tenants. They're still harming tenants. Although the blacklisting problem would not disappear even with the end of the data feed (because the data companies would monopolize the public access computers to get the data) at least it would remove OCA as its prime enabler.
For the article, click here


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