NEW YORK LAW JOURNAL

NEW YORK LAW JOURNAL

Federal Court Permits Landlord's Constitutional Challenge to "Airbnb Law" to Go Forward

October 29, 2018    

Landlord sued the city, claiming that New York Multiple Dwelling Law Section 121, enacted on Oct. 21, 2016, as well as NYC Admin. Code 27-287.1, referred to as the "Airbnb Law," were unconstitutionally...

Landlord's Notices and Court Papers in Illegal Sublet Case Were Defective

October 29, 2018    

Landlord sued to evict rent-stabilized tenant for breaching his lease by assigning and subletting the apartment without permission. Tenant asked the court to dismiss the case, claiming that landlord's notices...

Landlord Waived Attorney-Client Privilege

October 29, 2018    

A disabled tenant sought permission to keep an emotional support dog. Landlord requested certain medical information. HUD found that landlord constructively denied tenant's request for a reasonable accommodation...

Court Permits Nonprofit Tenant Organizations to Join Lawsuit Against NYCHA

October 29, 2018    

The federal government sued NYCHA, claiming pervasive violations of federal health and safety regulations, systemic indifference, and a culture of dysfunction and deceit. The complaint cited peeling lead paint, mold...

Tenant's Unrecorded Five-Year Lease Enforceable Against New Landlord

October 29, 2018    

Landlord sued to evict unregulated tenant, claiming that tenant didn't have a current lease. Tenant disagreed and claimed that prior landlord gave him a five-year lease that was still in effect. While Real...

Two-Family House Owner Can't Evict Brother as Licensee

October 29, 2018    

The owner of a two-family house sued to evict her brother from a garage studio apartment at the building. The owner claimed that the brother was a licensee. He had lived in the house since his teenage years, except...

Landlord Can Evict Elderly Rent-Stabilized Tenant for Objectionable Conduct

October 29, 2018    

Landlord sued to evict elderly rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant was interfering with other tenants' comfort and rights by urinating and defecating in wheelchairs, and...

Landlord's Claim that Tenant and Boyfriend Stole Other Tenant's Packages Dismissed

October 28, 2018    

Landlord sued to evict rent-stabilized tenant for violating her lease by stealing packages delivered for other tenants in the building. Landlord also claimed that she did this with her boyfriend's assistance....

Tenant's Overcharge Claim Based on 1988 Rent Increase Dismissed

October 28, 2018    

Rent-stabilized tenant sued landlord, claiming that he had been overcharged rent since he moved into the apartment in 1988. Landlord claimed that there was no rent overcharge and argued that there was no reason to...

Court Dismisses Tenants' Overcharge and Improper Deregulation Claims

October 28, 2018    

Tenants sued landlord for improper rent deregulation, fraud, and rent overcharge. Landlord asked the court to dismiss the complaint, arguing that the DHCR had primary jurisdiction to determine the issues raised by...

Rent-Stabilized Tenant's Husband Gets Apartment

October 28, 2018    

Landlord sued to evict rent-stabilized tenant's husband after tenant died. The husband claimed succession rights. Landlord questioned the legitimacy of the marriage, stating that tenant never informed it of...

Landlord Improperly Increased Rent-Stabilized Tenant's Rent

October 28, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that it was entitled to raise tenant's rent as much as it did as long as the rent increase didn't violate a ceiling of...