NEW YORK LAW JOURNAL

Tenant Who Claims Fraud Can Get Pre-Base Date Document Production

November 29, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that her apartment had been improperly deregulated from rent stabilization and that landlord was overcharging her. The court granted tenant's...

Landlord Improperly Sought Eviction of Section 8 Tenant

November 29, 2017    

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of his tenancy. Landlord claimed that tenant failed to maintain his Section 8 voucher after uncorrected hazardous conditions in...

Landlord Can't Sue to Evict Super's Roommate Without Also Adding Super to Case

November 29, 2017    

Landlord sued to evict a licensee occupant, who lived in one bedroom of the building super's basement apartment. The occupant had lived there over 10 years in a room that the super rented to him. The occupant...

Tenant Can Conduct Pretrial Questioning on Rent Overcharge and Fraud Claims

November 29, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud by landlord, and asked the court for permission to conduct pretrial question and document requests....

Landlord Didn't Disclose Tenant's Mental Health Status

November 29, 2017    

Landlord sued to evict tenant for creating a nuisance by a continuing course of objectionable conduct. On the first court date, landlord and tenant signed a settlement agreement putting tenant on probation for a year...

No Illusory Tenancy Created in Loft Unit

November 29, 2017    

Landlord sued to evict loft tenant and occupant based on tenant's nonprimary residence. The occupant claimed that there was an illusory tenancy between landlord and tenant and that she should be deemed a tenant....

No Landlord-Tenant Relationship Between Sisters

November 29, 2017    

A woman sued to evict her sister, claiming the sister was a licensee and no longer had permission to remain in the apartment. The court dismissed the case, and the woman sought to reinstate it. The woman pointed out...

Suspension of Tenant's Subsidy Due to Apartment Conditions Wasn't Grounds for Eviction

November 29, 2017    

Landlord sued to evict rent-stabilized, voucher-based Section 8 tenant for violating her lease. Landlord claimed that tenant caused apartment conditions that resulted in violations and termination of her Section 8...

No Proof Roommate Was in Family-Type Relationship with Tenant

November 27, 2017    

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he had lived with tenant for 43 years in a nontraditional, spousal, family relationship, and therefore had succession...

Condo Tenant Illegally Locked Out Is Restored to Possession

September 28, 2017    

Condominium tenant sued landlord, seeking restoration to possession and claiming illegal lockout. Tenant left the apartment one morning, later came back, and found the locks changed and other people occupying the...

Landlord Didn't Properly Describe Building's Regulatory Status

September 28, 2017    

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory...

Landlord Refused to Give Tenant Form to Get Rental Assistance

September 28, 2017    

Prior landlord sued to evict tenant for nonpayment of rent and signed a settlement agreement in court. The eviction warrant agreed to was stayed pending payment, upon which landlord would give tenant a lease. New...

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