NEW YORK LAW JOURNAL

High-Rent Vacancy Deregulation Was Proper Based on IAI Rent Increase

February 18, 2022    

Landlord sued to evict tenant for nonpayment of rent in 2019 and claimed that tenant's apartment was unregulated. Tenant argued that the deregulation was improper and asked the court to dismiss the case. The...

Possible Illegal Units Don't Require Dismissal of Tenants' Action for 7-A Administrator

February 14, 2022    

Tenants sought appointment of a court-appointed 7-A administrator for a building containing 22 apartments, although the building's Certificate of Occupancy listed only 16 units. HPD asked the court to dismiss the...

Court Awards Tenant Damages and HPD Fines for Landlord's Harassment

January 26, 2022    

Tenants sued landlord in an HP proceeding, claiming harassment and seeking an order to correct repairs. Tenants claimed that landlord withheld essential services. The court ruled for tenants, in part, noting that...

Court Appoints 7A Administrator Despite New Landlord's Objection

January 26, 2022    

Tenants asked the housing court to appoint an Article 7A Administrator for their building, after settling an HP proceeding with prior landlord and HPD. The settlement included prior landlord's consent to the...

Landlord's Petition Didn't Give Tenant Notice of Regulations

January 26, 2022    

Landlord sued to evict tenant for nonpayment of rent. Landlord stated in its court petition that tenant wasn't subject to rent control or rent stabilization because the premises was operated by a nonprofit...

Tenant Primarily Resided in Washington, D.C.

January 26, 2022    

Landlord sued to evict rent-regulated tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Building employees credibly testified that tenant didn't use his apartment as...

Occupant Gets Stay of Eviction Case Based on CEEFPA and ERAP

January 25, 2022    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. Landlord claimed that occupants were licensees who had no right to remain. The occupants submitted hardship declarations. Landlord claimed...

Is Occupant Entitled to Stay Based on Hardship Declaration?

January 25, 2022    

Landlord sued to evict occupant from a cottage on his property. The occupant had filed a hardship application claiming financial and medical hardship. Landlord asked for a hearing on whether the occupant qualified...

Unemployed Tenant Who Got Large Settlement Couldn't Rely on Hardship Declaration

January 25, 2022    

Landlord sued to evict tenants for nonpayment of rent. Landlord questioned the validity of a Hardship Declaration filed by tenants. The court ruled for landlord after holding a hearing. One tenant had applied for...

Prior Tenant's Stepdaughter Can't Make Succession Claim

December 14, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had moved out, but a remaining apartment occupant claimed that she was the stepdaughter of tenant's father, who had been the prior...

Landlord's Termination Notice Didn't Allow Sufficient Time

December 14, 2021    

Landlord sued to evict tenant, claiming that tenant engaged in unreasonable behavior that substantially interfered with others' use and enjoyment of their units, and caused substantial safety hazards in the...

Landlord's Request to Restore Nuisance Case to Court Calendar Was Made Too Late

December 14, 2021    

Landlord sued to evict tenant for creating a nuisance by maintaining his apartment in a horrible condition that substantially interfered with the comfort and safety of landlord and other tenants. Both sides were...