NEW YORK LAW JOURNAL

Landlord Can't Evict Tenant Who Had Lease Under LINC Program

November 21, 2019    

Landlord of three-family dwelling sued to evict month-to-month tenant who received Living in Communities (LINC) program benefits. Landlord claimed that there was no effective lease. The court ruled against landlord...

Landlord Can't Retain Security Deposit When No Lease Actually Executed

November 21, 2019    

Prospective tenant who never took occupancy sued landlord for return of a $3,200 security deposit submitted with a lease application. A lease was never executed because the parties didn't agree on some of the...

Husband Maintained Apartment as Primary Residence Although Wife Lived in the Bronx

November 21, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for tenants in part, and denied possession to landlord. Tenants were a married couple. The husband bought a house in the...

Predicate Notices Didn't State Grounds for Terminating Lease

September 25, 2019    

Landlord sued to evict tenant after notifying him of a deterioration of the property's plumbing and sewage pipes that could lead to hazardous living conditions. The court granted tenant's request to dismiss...

Landlord's Termination Notice Claiming Nonprimary Residence Was Defective

September 23, 2019    

Landlord sued to evict Mitchell-Lama co-op shareholder tenant for nonprimary residence and unlawful subletting without landlord's consent. Tenants asked the court to dismiss the case, claiming that landlord's...

Tenant Gets 20 Percent Rent Abatement for Rodent Infestation and Mold

September 23, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and a stale rent claim. The court found that the rent payment wasn't stale since the oldest rent due was...

Landlord Can Evict Tenant for Drugs, Guns, and Ammo Found in Apartment

September 23, 2019    

Landlord sued to evict rent-stabilized tenant based on illegal activity in the apartment. The court ruled for landlord. Tenant claimed no knowledge of other occupants' activities. But the apartment was used for...

Overcharge Refunds to Be Recalculated Based on Enactment of HSTPA

September 22, 2019    

Tenants sued landlord, seeking a declaration that their apartments were rent stabilized. The court previously ruled for tenants on the question of liability for rent overcharges but found that document production was...

SRO Occupant May Be Entitled to Rent-Stabilized Tenancy

September 22, 2019    

Landlord sued to evict occupant of rent-stabilized SRO unit, claiming that occupant was a licensee whose license expired when tenant GTI Imports gave up possession of the unit. Landlord and occupant signed a...

Illegal Addition of SRO Units Made Building Subject to Rent Stabilization

September 22, 2019    

Landlord sued to evict unregulated tenant. Tenant claimed that the apartment was rent stabilized and that landlord failed to send a proper termination notice before starting the eviction proceeding. The court ruled...

Landlord Didn't Identify Known Occupants by Name in Court Papers

August 27, 2019    

Landlord sued to evict tenant and other occupants named as "John Doe" and "Jane Doe." Tenant asked the court to dismiss the case because, although landlord knew the occupants' names, he didn...

Rent Demand Included Excessive Late Fee Claim

August 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The rent demand included a claim for a late fee that tenant...