NEW YORK LAW JOURNAL

Landlord Proved Apartment Was Deregulated Before Tenant Moved In

April 25, 2019    

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. The DHCR ruled against tenant, finding that his apartment had been vacancy deregulated. Tenant filed an Article 78 court...

Landlord Committed Public Nuisance by Renting Building for Short-Term Stays

April 25, 2019    

The city sued landlord to abate a public nuisance and asked for a preliminary injunction against landlord while the case was pending. The city claimed that landlord rented building apartments to tourists or other...

Rent-Stabilized Tenant's Son Gets Apartment

April 25, 2019    

Landlord sued to evict rent-stabilized tenant's disabled son after tenant died. The son claimed succession rights. The trial court ruled for landlord. Tenant's son appealed and won. The appeals court found...

Landlord Held in Contempt for Failing to Correct Violations

April 25, 2019    

Tenant sued landlord, seeking repairs. Tenant asked the court to find landlord in contempt for failing to comply with a default order. Landlord asked the court to vacate the default. The court noted that it had...

Landlord Can't Evict Tenant with Ambiguous Lease Rider

March 19, 2019    

Landlord sued to evict rent-stabilized tenant after lease expired, claiming that tenant had agreed to end the lease. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant's...

Landlord Seeks Ejectment of Loft Tenant for Nonprimary Residence

March 19, 2019    

A building owner's joint venturer sued to eject loft tenant from the building. The building owner had conveyed tenant's loft unit to the joint venturer. The joint venturer claimed that tenant breached the...

Co-op Shareholder Tenant Owes $115,300 in Maintenance Arrears

March 19, 2019    

Landlord sued to evict cooperative shareholder tenant for nonpayment of rent. The court ruled for landlord based on tenant's default but later reopened the case at tenant's request. The court also denied...

Court Orders Damages Against Landlord for Harassing Tenants

March 19, 2019    

Tenants sued landlord, claiming building violations including harassment. The court ruled for tenants after an inquest at which landlord failed to appear. Tenants testified that landlord changed locks, illegally...

Rent-Stabilized Tenant's Daughter Claims Succession Rights

March 19, 2019    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed succession rights. Landlord argued that no trial was needed and asked the court to grant it possession. The...

Landlord's Nuisance Claims for Tenant Smoking Were Too Vague

March 19, 2019    

Landlord sued to evict tenant for violating a substantial obligation of her tenancy and for creating a nuisance. Landlord claimed that tenant failed to provide access for repairs and created a nuisance by smoking in...

Tenant's Housing Voucher Terminated Due to Sex Offender Conviction

March 19, 2019    

Section 8 tenant sued to reverse a county hearing officer's decision to terminate his Housing Choice Voucher assistance. Tenant was a convicted sex offender, and a level 2 registered sex offender. The county had...

Rent-Controlled Tenant's Minor Grandson Gets Apartment

March 19, 2019    

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson claimed succession rights as a remaining family member. The court ruled for the grandson after a trial. The grandson...