MISCELLANEOUS

Neighboring Owners' Challenge to Opening of Homeless Shelter Denied

June 24, 2019    

Neighboring building owners filed an Article 78 court appeal of a decision by NYC's Department of Homeless Services and Human Resources Administration to open a homeless shelter in a building at 158 West 58th...

Tenant Claims Landlord's Visitor Policy Is Overly Restrictive

March 17, 2019    

Landlord sued to evict tenant of state-funded supportive housing for people with psychiatric disability and substance abuse problems. Landlord claimed that tenant violated a substantial obligation of his tenancy and...

Landlord Must Pay for Damage to Tenant's Personal Property

January 28, 2019    

Tenant sued landlord for damage to her personal property, as well as reimbursement for missing property. Tenant had been evicted as a result of an eviction proceeding based on nonpayment of rent but claimed that she...

Deceased Tenant's Girlfriend Has No Claim on Prior Landlord-Tenant Settlement

January 24, 2019    

Landlord signed a settlement agreement in 2009 with rent-stabilized tenants in connection with the building's demolition. The girlfriend of one tenant who died later sued other tenants and their attorney,...

Broker Who Rented House to Tenant Not Entitled to Sales Commission When Tenant Bought House

January 24, 2019    

Real estate broker sued homeowner for failing to pay a commission. The broker had an agreement to find a tenant for the house and that, if tenant later purchased the house, the broker would receive a commission for...

Condo Board Acted Properly by Replacing Roof

December 23, 2018    

Condominium unit owners sued condo board, which had replaced the building's roof despite individual unit owners' renovation work.  The court ruled against the unit owners, who appealed and lost. The unit...

Court Finds NYCHA in Civil Contempt for Failing to Remediate Mold Condition

September 26, 2018    

Tenant sued landlord NYCHA, claiming that there was mold in her apartment. The court ordered landlord to remediate the mold and moisture conditions on scheduled access dates. Tenant claimed that landlord failed to...

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,...