NEW YORK LAW JOURNAL

NEW YORK LAW JOURNAL

Unit Owner Claims Condo Was Negligent After Pipe Burst

December 25, 2018    

The owner of a condominium unit sued an upstairs neighbor and the condominium after a pipe in the neighbor's unit burst and caused a leak in the owner's unit. The heat had been shut off and the heating pipe...

Landlord Waived Right to Collect Higher Rent Increase

December 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that New York's highest court had ruled in 2011, in the case of Casado v. Markus, that the Rent Guidelines Board (...

Landlord's Chronic Nonpayment Claim Was Insufficient

December 25, 2018    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to start three nonpayment proceedings against tenant and that this indicated tenant's violation of a...

Eviction Case Commenced in Commercial Part Against Loft Tenants Dismissed

December 25, 2018    

Landlord sued to evict loft tenants in commercial landlord-tenant part of the Civil Court. Tenants asked the court to dismiss or delay the case, pending the outcome of a NYC Loft Board proceeding. Tenants, who lived...

New Landlord Doesn't Prove Tenant Must Sign Renewal Lease

December 25, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that tenant failed to sign an offered renewal lease. Landlord claimed that it bought the building in a foreclosure sale, didn't receive lease documentation...

First Tenant After Rent Control Was Rent Stabilized

December 25, 2018    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that he was rent stabilized. The court ruled for tenant. The prior tenant was rent controlled. Tenant moved into the apartment on June...

Eviction Proceeding Dismissed Due to Landlord's Defective Rent Demand

December 25, 2018    

Landlord sued to evict tenant for nonpayment of rent after sending tenant a written rent demand. The court dismissed the case because the rent demand was defective. Real Property Actions and Proceedings Law Section...

Landlord Must Produce Rent History Records Pretrial

December 25, 2018    

Landlord sued to evict month-to-month tenant, claiming that tenant unlawfully occupied a unit restricted to commercial use under the building's Certificate of Occupancy. Tenant claimed that he was rent stabilized...

Court Upholds Violations for Short-Term Rentals

December 24, 2018    

DOB issued violation notices to landlord stating that several apartments in landlord's building were being used for illegal occupancy. The ALJ dismissed the violations after a hearing. DOB appealed, and OATH...

Court Dismisses Squatter's Claim of Improper Service of Court Papers

November 27, 2018    

Landlord sued to evict a squatter, claiming that she had no permission or right to be in the building. She had been the prior building owner, who lost the building in a foreclosure action. The squatter failed to...

Pre-Trial Questioning Needed to Determine If Apartment Was Fraudulently Deregulated

November 27, 2018    

Landlord sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant was rent stabilized. But in a subsequent stipulation landlord indicated that the apartment was high-rent...

Landlord Who Reduced Initial Rent Set by HPD Reduced Legal Regulated Rent

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. At some point, tenant claimed rent overcharge and argued that her monthly $1,500 rent was the legal rent, not a preferential rent. Tenant asked...