MISCELLANEOUS

Landlord Sanctioned for Filing Repeated Requests to Discharge 7-A Administrator

May 25, 2021    

The Civil Court appointed a 7-A administrator to manage landlord's building in 2011 based on landlord's failure to responsibly maintain the building. Landlord later asked the court to discharge the 7-A...

Landlord Gets TRO Against Tenant Who Refused to Wear Mask

May 25, 2021    

Landlord filed an emergency order to show cause for injunctive relief and a temporary restraining order (TRO) against tenant, based on claims of offensive and nuisance conduct creating health-related and safety risks...

Court Rules HSTPA Doesn't Prohibit Broker's Fees

May 24, 2021    

REBNY and the NY State Ass'n of Realtors sued the NY State Dept. of State (DOS) after state regulators issued guidance on Jan. 31, 2020, which suggested that, under HSTPA, it was illegal for prospective renters...

Residents Can't Challenge City Plan to Move Homeless to Nearby Shelter

January 25, 2021    

Downtown New Yorkers Inc., a not-for-profit organization of people who lived, worked, and owned property in NYC's Financial District (FiDi) sued NYC, seeking a declaration that the city's plan to open the...

Landlord Seeks Court Order for Tenant to Remove Property from Yard

December 10, 2020    

Landlord sued month-to-month first-floor apartment tenant, seeking an order directing tenant to remove his personal property from the rear yard of the building. Landlord argued that it had rented a ground-floor store...

Tenant Not Entitled to Refund of Brokerage Fee

November 22, 2020    

Tenant sued landlord's real estate broker in small claims court, seeking to recover the broker's $2,200 fee, paid before she rented an apartment in landlord's building. The trial court ruled against...

Co-op Shareholder Can't Join Landlords' Challenge to HSTPA Amendment of ETPA

October 28, 2020    

A group of landlords and organizations in Westchester County sued New York State, claiming that HSTPA's amendments to the ETPA violated their constitutional rights. Another landlord, who was the co-op shareholder...

NYCHA Must Hold Hearing on Tenant's Request to Allow Roommate

October 28, 2020    

NYCHA placed a condition on long-term tenant's tenancy, to permanently exclude tenant's roommate from the apartment based on his criminal record. Tenant applied to NYCHA to remove the condition. NYCHA ruled...

Federal Court Largely Dismisses Landlords' Constitutional Challenge to RSL and HSTPA

October 27, 2020    

Shortly after HSTPA was enacted in June 2019, the Community Housing Improvement Program (CHIP), Rent Stabilization Association of NYC (RSA), and several individual landlord entities sued the City of New York, DHCR,...

Tenant's Claim That HRA Didn't Provide Protective Services Dismissed

September 28, 2020    

Tenant sued HRA, Adult Protective Services (APS), the Jewish Association for Services for the Aged (JASA), and related entities in an Article 78 court proceeding, claiming that they didn't provide appropriate...

RSA Must Produce Membership Records in Its Case Against Tenant Group

August 18, 2020    

The Rent Stabilization Association (RSA), a landlord's advocacy organization, sued McKee and the Tenants Political Action Committee, Inc. (TPAC), claiming defamation. On May 2, 2018, McKee had attended a NY City...

Landlord Who Had Children with Tenant Must Refund HAP Benefits

July 24, 2020    

Landlord owned a two-family house and lived on the first floor. In 2001, landlord signed a housing assistance payment (HAP) contract with NYCHA based on the tenancy of a woman who lived with her two children on the...