NEW YORK LAW JOURNAL

Tenant Can't Sue NYCHA Over Accommodations in Scheduling Repairs

March 29, 2021    

Tenant sued landlord NYCHA, seeking apartment repairs. In February 2019, the court ordered landlord to repair mold and plaster issues. Some scheduled repairs were missed in 2019 and, after tenant was diagnosed with...

Court Rules CEEFPA Applied to Ejectment Action

March 29, 2021    

Landlord sued in State Supreme Court to eject tenant from co-op apartment. The court ruled for landlord and issued a judgment and a warrant in late 2020. Tenant then filed a hardship declaration pursuant to the COVID...

Landlord Fined $2,000 for Harassing Tenant

March 29, 2021    

Tenant sued landlord, seeking correction of violations, a restraining order, and a finding of harassment. Landlord failed to appear in court three times. The court ruled for tenant. An HPD report confirmed tenant...

Landlord Not Responsible for Tenant's Slip and Fall

March 26, 2021    

Tenant sued landlord for negligence after a slip and fall that happened when she entered the building elevator. Video showed that tenant fell in a spot right behind where her daughter had just wheeled a suitcase into...

Using Default Formula, Court Orders Landlord to Refund $120,000 Overcharge

March 26, 2021    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed rent overcharge and improper deregulation of his apartment. The court dismissed landlord's case and ruled for tenant, finding that...

Nonpayment Case Against Successor Tenant Dismissed

March 26, 2021    

Landlord sued to evict rent-stabilized tenant's surviving family member for nonpayment of rent. Tenant asked the court to dismiss the case and argued that the 2017 renewal lease landlord offered her was...

Landlord's Request to Restore Eviction Case to Court Calendar Denied

March 26, 2021    

Landlord sued to evict tenant when tenant's lease expired, and later sought to restore the case to the court's calendar even though the COVID-19 Emergency Eviction Foreclosure Prevention Act (CEEFPA) provided...

Landlord Illegally Locked Tenant Out of Room in House

March 26, 2021    

Tenant sued landlord, claiming illegal lockout from a room in landlord's house. He claimed that he had lived there for 14 years, first in one smaller room, then in a larger room, and later returned to the smaller...

Landlord Didn't Prove Nonprimary Residence of Rent-Controlled Tenant

March 26, 2021    

Landlord sued to evict 81-year-old rent-controlled tenant for nonprimary residence. Landlord claimed that it hadn't seen tenant at the apartment for several years. But landlord presented little proof and landlord...

Landlord Must Correct HPD Violations and Remediate Mold

March 26, 2021    

Tenant sued landlord, seeking correction of violations in her apartment. The trial court ruled for tenant. HPD inspection found roach and mice infestation, as well as other violations. Tenant testified that landlord...

Improperly Deregulated Tenant in J-51 Building Can Raise Rent Fraud Claim

March 26, 2021    

Tenant in a rent-stabilized building that received J-51 tax benefits until 2013 sued landlord, claiming rent overcharge and improper deregulation. Landlord gave tenant an unregulated lease when tenant moved into the...

Tenants' Claim of Financial Hardship, Health Risks Delays Landlord's Recovery of Unit

March 26, 2021    

Landlord obtained a building at a public auction, then sought a writ of assistance to remove tenants of one apartment. Tenants argued that the sale was made "subject to any rights of tenants or persons in...