MISCELLANEOUS

Landlord Co-op Can Stop Shareholder Tenants from Using Roof

July 27, 2018    

Landlord cooperative corporation sued two shareholder tenants, claiming that it had the right to the roof adjacent to their two apartments and asking the court to stop those tenants from using the roof space. The...

Petition Seeking to Appoint 7-A Administrator Lacked Sufficient Information

June 24, 2018    

(Decision submitted by Noah E. Levenson of the Manhattan law firm of Levy Tolman LLP, attorneys for the landlord.)

HPD Properly Terminated Building's Tenant Interim Lease Program

June 23, 2018    

Tenant association entered into a tenant interim lease (TIL) program agreement with HPD in 2003. The program allowed tenants to form a low-income housing cooperative and eventually become homeowners provided that...

Firefighter Injured Fighting Apartment Fire Can Sue Tenant for Negligence

January 16, 2018    

NYC firefighter sued tenant for damages after he was injured while fighting a fire in tenant's apartment. He claimed that tenant was negligent in leaving a hot plate plugged into a timer, in the "on"...

NYC Water Board's 2017 Rate Increase and One-Time Credit Upheld

January 16, 2018    

Landlords sued the NYC Water Board after the Board approved a one-time $183 credit for owners of one-, two-, and three-family dwellings. At the same time, the Board increased charges in 2017 for owners of apartment,...

Police Properly Searched Bathroom for Guns After Tenant Asked for Help

October 28, 2017    

Tenant sought assistance from two police officers outside her building, stating that her boyfriend was in her apartment bathroom with a gun. The police entered the apartment with tenant's permission, knocked on...

Landlord Can Sue Broker for Failing to Reveal Tenant's Criminal Record

September 28, 2017    

Landlord sued real estate broker who had rented landlord's Southampton property to tenant, after tenant never paid rent and landlord had tenant evicted. Landlord claimed that the broker had assured him that it...

Landlords Can't Discharge HPD Liens for Tenant Relocation Costs

May 22, 2017    

New York’s highest court reviewed two similar cases. In the first case, a Brooklyn landlord sought to discharge an HPD lien for costs incurred by HPD to relocate tenants displaced from apartments as the result...

NYC Water Board's 2017 Rate Increase and One-Time Credit Annulled

March 14, 2017    

Landlords sued the NYC Water Board after the board approved a one-time $183 credit for 664,000 owners of one-, two-, and three-family dwellings. With this rebate, the board increased charges by 2.1 percent for fiscal...

Court Grants City Preliminary Injunction to Stop Landlord's Short-Term Rentals

January 23, 2017    

Rent-stabilized tenants of SRO building sued landlord, claiming that landlord was using the building for short-term stays in violation of the Multiple Dwelling Law, and resulting in breach of the warranty of...

Mitchell-Lama Tenant Seeking Apartment Transfer Must Meet Occupancy Requirements

January 17, 2017    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the intervenor-tenants.)

Board Can Bar Co-op Tenants from Parking on Grass Outside Building

November 28, 2016    

Cooperative shareholder tenants sued the co-op’s board of directors, claiming that the board breached its fiduciary duty to them by barring them from parking on grass behind their building. The court granted...

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