NEW YORK LAW JOURNAL

NEW YORK LAW JOURNAL

Is Building Exempt Due to Substantial Rehab?

February 26, 2019    

Landlord sued to evict tenant and claimed that tenant's building was exempt from rent stabilization due to substantial rehabilitation. Landlord asked the court to rule on the case without a trial. The court ruled...

Amended RSL Provision Concerning Preferential Rent Applied Retroactively

February 26, 2019    

Landlord sued to evict unregulated tenant. Tenant claimed that the apartment was rent stabilized. Tenant pointed to Rent Stabilization Law (RSL) Section 26-511(c)(14), which was amended in 2015 to provide an...

Late Fee Was Excessive

February 26, 2019    

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of maintenance fees. Landlord also included a claim for $150 per month late fees for nonpayment. The court ruled for landlord in part....

Tenant Entitled to Universal Access Counsel

February 26, 2019    

Landlord sued to evict rent-stabilized tenant, at the District Attorney's request, based on alleged use of the apartment for illegal trade and sale of controlled substances. Tenant was unable to obtain an...

Landlord Responsible for Tenant's Illegal Short-Term Rental of Apartment

February 26, 2019    

DOB issued a violation notice to landlord based on tenant's transient rental of his apartment. OATH sustained the violation and denied landlord's appeal. Landlord then filed an Article 78 court appeal,...

Tenant Retained Primary Residence at Apartment Despite Absences

February 26, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord after a trial. Tenant explained her absences from the apartment. She was frequently away because she worked as...

Landlord Must Refund Tenant Over $800,000 in Rent Overcharges

February 26, 2019    

Tenant sued landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. The court ruled for tenant. The apartment had been last registered as rent stabilized in 2002 at a rent of $1,...

Family Exception Didn't Apply to Landlord's Eviction Proceeding

February 26, 2019    

Landlord sued to evict tenant. Landlord was tenant's stepdaughter. Landlord asked the court to decide the case without trial. Tenant claimed that there was a family exception that prevented eviction. The court...

Rent Demand Didn't Set Forth Good Faith Estimate of Rent Due

February 26, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, arguing that the rent demand sent before starting the case didn't give a good faith estimate of rent arrears. The...

Landlord Can't Sue to Evict For Owner Occupancy

February 25, 2019    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's nonrenewal or "Golub" notice was...

No Charitable Exemption Found for Rent-Stabilized Building

February 25, 2019    

Landlord sued to evict various building tenants, claiming that they were exempt from rent stabilization due to the building's charitable exemption. The cases were consolidated, and landlord failed to appear in...

Use Violation Barred Rent Collection from Rent-Stabilized Tenant

February 25, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in excess of $14,000. Tenant argued that the case should be dismissed under Multiple Dwelling Law (MDL) Section 202. A DOB inspector testified that...