NEW YORK LAW JOURNAL

Landlord Must Pay NYCHA Back $28,000 for Overpaid Rent Subsidy

September 27, 2020    

NYCHA sued landlord condominium unit owner for failing to reimburse $28,000 for overpayment of Section 8 subsidy payments. Landlord had rented his apartment to tenant while NYCHA made monthly Section 8 payments to...

Case Reopened to Permit Proof for Setting Base Rent Under Default Formula

September 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper deregulation of a rent-stabilized apartment and rent overcharge. The trial court ruled for tenant, finding that the base date rent was...

Eviction Stayed Based on Potential Succession Claim

September 27, 2020    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to vacate the default judgment. While this request was pending, tenant...

Use and Occupancy Denied Due to Outstanding Class "C" Violation

September 27, 2020    

Landlord sued to evict tenant for creating a nuisance by flooding his apartment as well as a downstairs neighbor's apartment. While the case was pending, landlord asked the court to award use and occupancy based...

Landlord Must Correct Continuous Lack of Hot Water

September 27, 2020    

Building tenants brought an HP proceeding against landlord, claiming consistent lack of hot water with worsening conditions. Given the current COVID-19 pandemic, the court limited the matter to conditions alleged to...

Landlord Didn't Prove Tenants Ran Illegal Hotel Through Airbnb Sublets

July 27, 2020    

Landlord sued four tenants, claiming that their illegal rental of their apartments through Airbnb caused landlord to receive DOB violation notices. One tenant failed to respond and landlord asked the court for a...

Landlord Illegally Locked Out Apartment Occupant After Tenant Died

July 27, 2020    

Apartment occupant sued landlord for illegal lockout. Occupant moved into the apartment that tenant lived in during February 2020 and obtained a key fob to the building from landlord. Tenant died of COVID-19 in March...

Landlord Must Restore Occupant Who Was Illegally Locked Out

July 27, 2020    

Occupant sued landlord for illegal lockout from an apartment that she and her brother occupied. The court ruled for occupant after landlord failed to appear in court. After the police removed occupant and her brother...

NYCHA Illegally Locked Out Tenant's Grandson After Tenant Died

July 27, 2020    

Tenant's grandson sued landlord NYCHA, claiming illegal lockout from his apartment. NYCHA claimed that the apartment was abandoned and that the grandson was an unauthorized occupant who hadn't lived in the...

Landlord Didn't Give Former Tenant Itemized Statement of Damages

June 26, 2020    

Landlord sued former tenant for unpaid rent and property damages totalling $5,000 after tenant moved out. Tenant claimed that the apartment developed mold and other conditions shortly after she moved in. When she...

Eviction Case Against Shareholder Tenant Was Brought in Bad Faith

June 26, 2020    

Landlord co-op board sued to evict shareholder tenant's proprietary lease after finding that tenant created a nuisance or objectionable conduct by using the apartment for short-term sublet rentals. The court...

On-Time Preferential Rent Provision in Lease Was Illegal

June 26, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $15,500. Landlord noted that tenant was charged a preferential rent provided that rent was paid on time. Tenant argued that...