NEW YORK LAW JOURNAL

Daughter's Settlement Vacated So She Can Make Succession Claim

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's daughter appeared in court and claimed succession rights. Later, the parties signed a court-ordered settlement agreement. Both were...

Eviction Case Reopened for Tenant's Daughter Claiming Succession Rights

April 28, 2020    

Landlord sued to evict rent-stabilized tenant, who didn't appear in court or answer landlord's petition. Tenant's daughter appeared in court without an attorney and signed a settlement agreement to vacate...

Landlord Failed to Document IAI Rent Increases

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant. Landlord appealed and lost. The trial court properly found that landlord sought rent...

Court Grants Discovery for Rent Overcharge Claim Going Back to 1984

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $12,900. In response, tenant claimed rent overcharge after obtaining an attorney and asked for permission to amend her answer...

Landlord Can't Avoid $87,000 Fine for Tenant's Short-Term Rentals

March 24, 2020    

Landlord sued DOB, seeking removal of fines, penalties, and violations issued by DOB since December 2017 based on illegal short-term apartment rentals. Landlord had been fined a total of $87,000 since that time....

Tenant Must Restate Discrimination Claims After Eviction

March 24, 2020    

Tenant sued the YWCA, which received federal funding to provide supportive housing to tenant in landlord's building. After tenant was evicted, tenant claimed housing discrimination by the YWCA under the Fair...

Supported Housing Program Tenant Can Sue Landlord for Discrimination

March 24, 2020    

Landlord sued to evict tenant, a mentally and physically disabled resident of a housing facility in a state- and city-funded Supported Apartments Program, for nonpayment of rent. Tenant then sued landlord in federal...

Landlord Co-op Can Evict Shareholder Tenant for Objectionable Conduct

March 24, 2020    

Landlord, a cooperative housing corp., sued to evict shareholder tenant for objectionable conduct. After 20 years of nuisance behavior and repeated written notices, landlord's board of directors held a special...

Landlord Raised Section 8 Rent When Tenant Refused to Downsize

March 24, 2020    

Landlord of privately owned, project-based Section 8 building sued to evict tenant for nonpayment of rent. Landlord had terminated tenant's housing assistance and charged her market-rate rent due to tenant's...

Landlord Can't Evict Tenant Who Had Lease Under LINC Program

November 21, 2019    

Landlord of three-family dwelling sued to evict month-to-month tenant who received Living in Communities (LINC) program benefits. Landlord claimed that there was no effective lease. The court ruled against landlord...

Landlord Can't Retain Security Deposit When No Lease Actually Executed

November 21, 2019    

Prospective tenant who never took occupancy sued landlord for return of a $3,200 security deposit submitted with a lease application. A lease was never executed because the parties didn't agree on some of the...

Husband Maintained Apartment as Primary Residence Although Wife Lived in the Bronx

November 21, 2019    

Landlord sued to evict rent-stabilized tenants for nonprimary residence. The trial court ruled for tenants in part, and denied possession to landlord. Tenants were a married couple. The husband bought a house in the...