NEW YORK LAW JOURNAL

Landlord Must Produce Pre-Base Date Rent History Records

September 25, 2023    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit and sought class action status. The court denied a motion by landlord to dismiss that claim, finding it...

Downstairs Tenant Acted Intentionally and Unreasonably Against Upstairs Neighbor

September 25, 2023    

A cooperative shareholder tenant sued neighbor tenant in 2017 for creating a nuisance and later added a claim for trespass. In 2019, the court ruled for the plaintiff tenant in part, finding liability by the other...

Landlord Didn't Send Copy of Notice to Cure to NYCHA

September 24, 2023    

Landlord sued to evict NYCHA Section 8 tenant for breach of tenant's lease by unauthorized installation of a washing machine. Tenant asked the court to dismiss the case based on defective preliminary notices. The...

Super's Lease Agreement Gave Him Tenancy Rights After Employment Terminated

August 29, 2023    

Landlord sued to evict tenant, who was landlord's former employee. Landlord claimed that the tenancy was subject to employment, which had been terminated. Tenant argued that he had a five-year lease that...

Nontraditional Family Member Gets Rent-Stabilized Apartment

August 29, 2023    

Landlord sued to evict apartment occupant after rent-stabilized tenant died, claiming that he was a licensee who no longer had a right to remain in the unit. The occupant claimed he had succession rights. After trial...

Landlords Arrested for Failing to Make Repairs after Court Held Them in Contempt

August 29, 2023    

Six tenants sued landlord in a 2019 HP proceeding, seeking correction of building violations. After trial, the court ordered landlord to correct conditions so that vacate orders would be lifted within six months....

Rent Demand Didn't Include Monthly Individual Breakdowns

August 29, 2023    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed a total of $9,283 based on monthly rent of $1,747. Tenant asked the court to dismiss the case, claiming that the rent demand was...

Eviction Proceeding Based on Lease Violation Can't Be Based on Expired Lease

August 29, 2023    

Landlord sued to evict tenant for violating his lease based on complaints from other residents about tenant's behavior. Tenant failed to appear in court, and the court then held an inquest. The court ruled...

ERAP Statute Requires Hearing on Nuisance Claim After Landlord Accepts Funds

August 29, 2023    

Landlord sued to evict tenant, claiming tenant created a nuisance. The court ruled for landlord and granted possession. Landlord accepted ERAP funds to cover tenant's back rent after the judgment of possession...

Landlord Can't Recover Use and Occupancy for Period Stemming from Discovery Delays

August 29, 2023    

Landlord sued to evict month-to-month tenant and apartment occupants after serving a 90-day termination notice. The respondents raised a number of defenses, and the court granted permission to conduct pretrial...

Notice to Cure Served on Tenant with Hoarding Disability Must Be More Specific

August 29, 2023    

Landlord, a supportive housing provider, sued to evict rent-stabilized Section 8 tenant based on clutter and unsanitary apartment conditions that landlord claimed violated substantial obligations of the tenancy....

Termination Notice Didn't State That Landlord Had Accepted ERAP Funds

August 29, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because the termination notice was fatally defective. The 90-day notice made no mention...