NEW YORK LAW JOURNAL

Appeals Court Reinstates Tenants' Dismissed Harassment Claim

March 28, 2022    

Tenants sued landlord, claiming harassment, nuisance, and intentional infliction of emotional distress. The court granted landlord's request to dismiss the case without trial. Tenants appealed, and the case was...

Eviction Case Against ETPA Tenant Without Stated Grounds Was Dismissed

March 28, 2022    

Landlord sued to evict rent-stabilized tenant after serving a 30-day termination notice. The court granted tenant's request to dismiss the case. Landlord failed to cite in its petition any of grounds acceptable...

Replacement of Window A/C with Portable A/C Wasn't a Reduction in Required Services

March 28, 2022    

Rent-stabilized tenant sued landlord, claiming that landlord improperly removed a window air conditioner from her apartment. Tenant asked the court to: (a) rule on the case without a trial; (b) compel landlord to...

Housing Court Can Direct Landlord to Correct Violations in Loft Building

March 28, 2022    

Loft tenant sued landlord in Housing Court and sought an order directing landlord and HPD to correct building violations under the Housing Maintenance Code (HMC). The court ruled for tenant, finding that the Housing...

Landlord Improperly Deregulated Rent-Stabilized Apartment

March 28, 2022    

Tenant sued landlord for rent overcharge and fraudulent deregulation of his apartment. Tenant moved into the unit in 2014 under a one-year lease that included a deregulation notice. Tenant claimed that the...

Court Directs Landlord Seeking Ejectment to Pursue Eviction in Housing Court

March 28, 2022    

Landlord provided supportive low-income housing in a building it owned. Landlord sued in State Supreme Court to eject tenant, along with a money judgment for use and occupancy and damages. Landlord claimed that...

Landlord Who Disputes Tenant's Hardship Declaration Can Conduct Pre-Trial Questioning

March 28, 2022    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated his lease by causing damage to the unit, failing to keep the unit clean, and exceeding occupancy limitations in violation of the parties...

Tenant Social Service Agency's Eviction Action Against Subtenant Dismissed

February 21, 2022    

Tenant social service agency sued to evict subtenant after his rental agreement expired and he had remained as a month-to-month tenant. Tenant claimed the apartment was exempt from rent regulation under Rent...

Did Lack of Staircase Handrail Cause Tenant's Injuries?

February 18, 2022    

Tenant sued landlord for negligence after she fell down an exterior staircase of her apartment building. Tenant claimed that she fell because the staircase was dark, there was no handrail, and there was garbage on...

Building That Previously Had Six Apartments Was Rent Stabilized

February 18, 2022    

Landlord sued to evict a month-to-month tenant and claimed that tenant was unregulated because the building contained fewer than six apartments. Landlord had bought the building in bankruptcy in 2015, and it...

Apartment Access Not Needed to Abate Discolored Water Flowing from Bathtub

February 18, 2022    

Tenant brought an HP action against landlord, seeking a court order to correct violations. Access dates were selected in court so that landlord could correct a violation issued to abate a nuisance caused by...

No Attorney's Fees Awarded to Tenant After Landlord Discontinued Case

February 18, 2022    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his son's use under the Rent Stabilization Law's owner occupancy provisions. Tenant later asked the court to dismiss the...