LEASES

NYC Adopts Criminal Background Check Restrictions for Rental Applications

February 26, 2024    

New York City adopted The Fair Chance For Housing Act in early 2024, which is to take effect on Jan. 1, 2025, and which applies to all units in NYC multiple dwellings. The law creates a new category of exemption from...

Landlord Couldn't Prove Undated Lease Had Expired

October 26, 2023    

Landlord sued to evict an unregulated tenant in 2019, claiming that tenant's lease had expired. In response, tenant claimed waiver and that her lease was still in effect. After holding a trial, the court ruled...

Tenant Entitled to Rent-Stabilized Lease at Rent Charged When He Moved In

October 24, 2023    

Tenant complained to the DHCR that landlord refused to give him a rent-stabilized lease. When tenant moved into the apartment in 2021, prior landlord gave him a seven-month short-term occupancy agreement at monthly...

Acceptance of ERAP Funds in Effect Extended Tenant's Lease Agreement

September 25, 2023    

Landlord sued to evict tenant in November 2022 for nonpayment of rent in the amount of $40,265. Tenant asked the court to dismiss the case. She claimed that landlord couldn't maintain the eviction proceeding...

Nonpayment Proceeding Dismissed Because There Was No Lease Between Landlord and Tenant

September 25, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because there was no lease between the parties. The court ruled for tenant. Tenant occupied the apartment under a month...

Landlords Must Give Tenants New Flood History/Risk Lease Rider Notice

July 26, 2023    

Effective June 21, 2023, all residential leases in New York State are required to include information pertaining to a building's flood history and flood insurance under new Section 231-b of NY's Real Property...

Co-op Shareholder Tenant Denied Injunction to Stop Board from Terminating Lease

October 25, 2022    

A cooperative shareholder tenant sued landlord cooperative corporation and asked the court for a preliminary injunction to stop landlord from terminating his proprietary lease. Landlord had sent tenant a notice...

Nonmonetary Obligations Validated Lease Between New Landlord and Tenant

October 25, 2022    

Landlord sued to evict tenant, who had been the building's prior owner. In 2015 when the building was sold, new landlord gave tenant a lease permitting tenant to live in a portion of the property for 12 years...

Tenant Breached Lease by Refusing Landlord Access to Asbestos-Filled Containers

August 23, 2022    

Landlord sued to evict tenant of a single-family rental for material breach of tenant's lease. Tenant uncovered large trailers and shipping containers filled with bags labeled "asbestos" while doing...

Landlord's Former Employee Claims Lease Continues Despite Employment Termination

July 21, 2022    

Landlord sued to evict tenant, who was landlord's former employee. Landlord claimed that the tenancy was subject to employment, which had been terminated. Tenant argued that he had a five-year lease that...

Guarantor Not Responsible for Tenant Obligations Under New Lease

May 25, 2022    

Landlord sued a lease guarantor to enforce the guaranties covered by tenant's 2018 lease. Landlord argued that the guaranties applied to any change, extension of time, or renewal of that lease. The court ruled...

Tenant Can't Sue Landlord's Daughter for Breach of Tenant's Lease

August 24, 2021    

Tenant sued someone he claimed was his landlord, claiming a breach of tenant's lease and seeking $25,000. The named "landlord" asked the court to dismiss the complaint. A copy of the lease in question...