NEW YORK LAW JOURNAL

Illegal Units in Landlord's Building Are Subject to Rent Stabilization

October 25, 2022    

New landlord sued to evict the last three remaining tenants in its building. Landlord claimed that the apartments couldn't be subject to rent stabilization because they were illegal apartments under NYC Admin....

Co-op Shareholder Tenant Denied Injunction to Stop Board from Terminating Lease

October 25, 2022    

A cooperative shareholder tenant sued landlord cooperative corporation and asked the court for a preliminary injunction to stop landlord from terminating his proprietary lease. Landlord had sent tenant a notice...

Nonmonetary Obligations Validated Lease Between New Landlord and Tenant

October 25, 2022    

Landlord sued to evict tenant, who had been the building's prior owner. In 2015 when the building was sold, new landlord gave tenant a lease permitting tenant to live in a portion of the property for 12 years...

Landlord Didn't Show Due Diligence in Serving Holdover Petition

October 25, 2022    

Landlord sued to evict tenant in October 2021 while the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) was in effect. Tenant initially filed a Hardship Declaration and, when CEEFPA expired, filed...

Nuisance Claim Dismissed for Lack of Proof Against Tenant

October 25, 2022    

Landlord sued to evict tenant for creating or permitting a nuisance in her apartment. At trial, landlord's managing agent testified that small groups of people assumed to be tenant's guests smoked, drank,...

Eviction Case Against Tenant of Damaged Apartment Dismissed for Retaliatory Eviction

October 25, 2022    

Landlord sued to evict tenant in 2022 after terminating her tenancy. Tenant claimed retaliatory eviction and constructive eviction. Tenant had moved out of her basement apartment on a temporary basis several years...

Estate of Tenant Killed in Building Fire Sues NYCHA for Wrongful Death

October 25, 2022    

The estate administrator of a couple sued landlord NYCHA for personal injury and wrongful death after the couple died due to injuries suffered in an apartment building fire. NYCHA asked the court to dismiss the...

ERAP Stay Remains in Place Despite Tenant's Behavior

October 25, 2022    

Landlord sued to evict month-to-month tenant in March 2020. In May 2021 landlord requested an inquest based on tenant's failure to appear in court. Tenant then filed a Hardship Declaration and the case was...

Landlord Didn't Attach Certain Notices to Its Eviction Petition

October 25, 2022    

Landlord, a supportive housing provider, sued to evict subtenant for breach of their occupancy agreement. Landlord attached the Notice of Termination to its petition, stating that subtenant failed to comply with...

Claimed Polyamorous Partner Can Seek Succession Claim to Rent-Stabilized Apartment

October 25, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as a nontraditional family member. Landlord asked the court to rule against occupant without a trial...

Landlord Let Unauthorized Visitor Up to Tenants' Apartment

September 27, 2022    

Tenants sued landlord for negligence after one of them was attacked by a visitor whom tenants had asked landlord not to admit into the building because he had threatened them.

Holdover Petition Was Served Before Court Assigned Initial Return Date

September 27, 2022    

Landlord sued to evict tenant after tenant's lease expired. Landlord asked the court to vacate a stay of the holdover proceeding resulting from tenant's filing of an ERAP application. In response, tenant...