LEASES

Landlord Denied Request to Transfer Apartment to Family Member

July 24, 2015    

Landlord cooperative corporation sued to evict shareholder tenants for assigning their proprietary lease and co-op shares to their son in violation of their lease. The court granted tenant’s request to dismiss...

Landlord Offered Proper Rent-Stabilized Lease to Former Loft Tenant

May 20, 2015    

Under a Loft Board Order, tenant's building was no longer an Interim Multiple Dwelling (IMD) and became subject to rent stabilization. Tenant then complained to the DHCR that landlord offered her an improper...

HPD Approval Needed for Lease in City-Owned Building

January 26, 2015    

Tenants' association sued to void a lease entered with tenant for an apartment in a building owned by the City of New York. The court ruled for the tenants' association. Tenant appealed and lost. Because the...

Tenants Can't Sue HUD, DHCR for Submetering Clause in Lease

November 25, 2014    

Tenants and former tenants of Yonkers Section 8 apartment complex sued HUD and the DHCR. Landlord had submetered electricity at the buildings when it refinanced the building in 2008 and, under a lease form mandated...

Tenant Can Operate Daycare Center in Her Apartment

September 25, 2014    

Landlord sued to evict tenant, claiming that tenant was illegally using her apartment as a daycare center in substantial violation of her lease. The court granted tenant's request to dismiss the case. Tenant was...

Co-op Occupant Claims He's Joint Tenant Shareholder

August 18, 2014    

Co-op tenant shareholder sued apartment occupant, claiming that in 1990 they had agreed that occupant would live in the apartment without paying rent but that occupant would pay maintenance, assessments, and other...

Lease Clause Requiring Automatic Debit Payments Unenforceable

August 17, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later sought more time to pay back rent owed under the agreement. Landlord...

Was Lease Signed by 17-Year-Old Valid?

July 18, 2014    

Landlord sued two co-tenants for breaching their lease. One tenant defaulted. The other claimed that she was 17 years old when she signed the lease and therefore wasn't responsible for complying with its terms....

Unrecorded Lease Void for New Landlord

January 14, 2014    

Massapequa landlord sued to evict tenants after buying a building in a foreclosure sale. Landlord claimed that she was unaware of tenants' presence when she bought the building. A notice of pendency was recorded...

Tenant Can't Challenge Term of Vacancy Lease After Renewal

December 17, 2013    

Rent-stabilized tenant complained of rent overcharge. She questioned the individual apartment improvements that landlord claimed were done. Tenant also complained that landlord hadn't given her the option of a...

Lease Signed Without HPD Approval Was Void

November 18, 2013    

The City of New York owned a building that was net leased to tenants' association under HPD's Tenant Interim Lease (TIL) program. Tenants' association then became the building's landlord. In 2004,...

Lease Rescinded Based on Tenant's Fraud

June 12, 2013    

(Decision submitted by new landlord Skyjam Holding LLC.)