NEW YORK LAW JOURNAL

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...

Default Judgment Against Tenant Should Have Been Vacated Unconditionally

June 24, 2019    

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. The court later granted tenant's request to vacate the default judgment on condition that tenant pay over $18,000 in rent...

Tenant Must Pay Post-Petition Use and Occupancy While Eviction Case Pending

June 24, 2019    

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord requested payment of use and occupancy under Real Property Actions and Proceedings Law Section 745(2). The court ruled for...

No Proof of Profiteering by Tenant

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for profiteering and commercialization of her apartment through short-term rentals using Airbnb. The court denied landlord's request to decide the case without a...

Landlord's Termination Notice Was Defective

June 24, 2019    

Landlord sued to evict rent-stabilized tenant for altering her apartment without landlord's prior written consent. Landlord claimed that tenant installed a subfloor above the unit's main floor and altered the...

Landlord Vitiated Termination Notice by Accepting Rent Before Starting Eviction Case

June 24, 2019    

Landlord sued to evict tenant based on a lease violation for disturbing neighbors by playing loud music. Tenant asked the court to dismiss the case because landlord accepted rent from tenant after expiration of the...