MISCELLANEOUS

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...

Proprietary Lease Permitted Shareholder Tenant's Daughter and Four Grandchildren to Live with Her

August 19, 2016    

Landlord cooperative corporation sued to evict shareholder tenant for violating her proprietary lease. Landlord claimed illegal sublet and occupancy by tenant’s family members while tenant lived elsewhere....

Tenant Shareholder Claims Co-op Board Interfered with Sale of Apartment

August 19, 2016    

Cooperative shareholder tenant sued the co-op corporation, claiming breach of fiduciary duty by the board and tortious interference with contract. Tenant sought to buy another apartment in the building while the...

Court Temporarily Suspends NYC Water Bill Rebate

July 21, 2016    

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 for owners of apartment...

Cell Phone Service Provider Can Add HVAC System to Building Courtyard

July 21, 2016    

Landlord sued to evict a cell phone service provider for violating its lease. Landlord had permitted the provider to install cellular communications equipment at the building. The lease permitted the provider to use...

Local Law 44 Upheld as Constitutional

July 15, 2016    

The trade association for the New York State affordable housing industry sued the New York City Council and HPD, claiming that Local Law 44 of 2012 was unconstitutional. This law provided for disclosure on a public...