NEW YORK LAW JOURNAL

Landlord Didn't Identify Known Occupants by Name in Court Papers

August 27, 2019    

Landlord sued to evict tenant and other occupants named as "John Doe" and "Jane Doe." Tenant asked the court to dismiss the case because, although landlord knew the occupants' names, he didn...

Rent Demand Included Excessive Late Fee Claim

August 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The rent demand included a claim for a late fee that tenant...

NYCHA Improperly Ruled That Tenant's Daughter Didn't Have Succession Rights

August 27, 2019    

NYCHA tenant's daughter claimed succession rights after tenant died. NYCHA ruled against the daughter, who filed an Article 78 court appeal of NYCHA's decision. The court ruled for the daughter. NYCHA had...

Tenant Can Request Rent History Records Back to 2001

August 27, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed improper deregulation of the apartment based on landlord's fraudulent scheme to deregulate rent-stabilized units. Tenant argued...

Prior Tenant Never Filed Fair Market Rent Appeal

August 27, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. In response, tenant claimed that the apartment had been illegally deregulated. The court granted landlord's request to dismiss tenant's...

Court Rules Tenant Should File Overcharge Claim with DHCR

August 27, 2019    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case and argued that the DHCR should determine tenant's claims under the primary...

Corporate Landlord's Head Officer Can Be Named in Tenants' HP Proceeding

August 27, 2019    

Tenants sued the building owner, its individual director, and the managing agent, seeking correction of Housing Maintenance Code (HMC) violations at the building. Tenants asked the court to direct several parties,...

Disabled Tenant Can Conduct Pre-Trial Questioning

August 27, 2019    

Landlord sued to evict tenant, whose tenancy was subject to the terms of a regulatory agreement between landlord and DOHMH, as well as a contract with OMH. Tenant claimed that landlord didn't comply with these...

Rent-Stabilized Tenant's Grandson Gets Apartment

August 27, 2019    

Landlord sued to evict rent-stabilized tenant's grandson after tenant died. The grandson claimed succession rights. The trial court ruled for the grandson, who showed that he had lived in the apartment since 2001...

Landlord Didn't Send Timely Termination Notice

August 27, 2019    

Landlord sued to evict rent-stabilized ETPA tenant for nonprimary residence. The court granted tenant's request to dismiss the case. Landlord didn't send the lease nonrenewal/termination notice during the...

Tenant Entitled to Oust Apartment Occupants Without Legal Process

August 27, 2019    

Apartment occupants sued landlord NYCHA and the apartment's tenant of record for illegal lockout. They asked the court to restore them to possession. Occupants later stated that they didn't want to be...

Instances of Tenant Misconduct Didn't Amount to Nuisance

August 27, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant had lived in the apartment for 43 years. Landlord presented to the court a letter signed by tenant where she admitted she engaged in a...