NEW YORK LAW JOURNAL

Tenant Gets 30% Rent Abatement for Breach of Warranty of Habitability

April 27, 2022    

Landlord sued former tenant for unpaid rent after tenant moved out. Landlord claimed that tenant owed $7,850, and held on to tenant's $2,150 security deposit when tenant vacated. Tenant had moved out in November...

Tenant's Son Doesn't Prove Succession Rights

April 26, 2022    

The son of a deceased tenant filed an Article 78 court appeal of HPD's decision to deny his claim for succession to tenant's apartment. The court ruled against the son, who appealed and lost. While HPD was...

Tenant Claims Breach of Warranty of Habitability Based on Lack of Elevator Service

April 26, 2022    

Tenant sued landlord, claiming that landlord breached the warranty of habitability for building tenants by depriving them of use of elevators while modernizing the building. Landlord asked the court to dismiss the...

Court Dismisses Holdover Proceeding Started After Tenant Filed ERAP Application

April 26, 2022    

Landlord sued to evict an unregulated tenant in October 2021 after serving a 90-day termination notice. Tenant filed a Hardship Declaration in November 2021. Tenant also advised the court that she had filed an ERAP...

Landlord Fined $34,000 for Failing to Restore Hot Water

April 26, 2022    

HPD sued landlord after issuing violations for lack of hot water at a building. Landlord didn't restore the hot water and didn't want to settle the civil penalties imposed. HPD then sought an order to correct...

Court Extends Probationary Period for Tenant Who Didn't Clear Clutter

April 26, 2022    

Landlord sued to evict rent-stabilized tenant for breaching his lease by creating cluttered conditions in his apartment. Landlord claimed that tenant created a fire hazard due to garbage, debris, other unsanitary...

Court Denies Landlord's Request to Vacate ERAP Stay Obtained by Licensee

April 26, 2022    

Landlord sued to evict occupants of a rent-stabilized apartment after tenant died, claiming that they were either mere licensees of the tenant or squatters. One of the occupants filed a Hardship Declaration and ERAP...

HPD Has No Standing Under HMC to Sue Landlord for Harassment

April 25, 2022    

HPD sued landlord, seeking correction of Housing Maintenance Code (HMC) violations at landlord's building. The claimed violations included harassment of tenants. Landlord asked the court to dismiss the harassment...

Landlord Not Responsible for Harassment Claimed Between Tenant-Roommates

April 25, 2022    

Tenants sued their roommate-cotenants as well as their landlord in an HP proceeding commenced in housing court. They shared the first-floor apartment in a two-family house with the roommates. The court noted that the...

NYC Remained Wife's Primary Residence Despite Retreat to Summer Home During Pandemic

April 25, 2022    

Husband and wife, who lived in New York County, owned a second home in Suffolk County. The wife retreated there in March 2020 when the COVID pandemic struck. In August 2020, the husband sued for divorce in Suffolk...

Succession Claimant Excused from Failing to Make Timely Court-Ordered Rent Payment

April 25, 2022    

Landlord sued to evict rent-controlled tenant's son after tenant died. The court granted landlord's request to strike the son's answer and granted landlord a final judgment of possession.

Landlord Must Pay Relocation Stipends to Estates of Tenants Who Died After Demolition Ruling

April 25, 2022    

Landlord asked the DHCR for permission not to renew rent-stabilized leases and to demolish a rent-stabilized building. In 2010, the DRO ruled that landlord must pay stipends to eight displaced tenants. DOB had...