NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Building Super Showed He Paid Rent and Was Therefore a Tenant

July 20, 2017    

Landlord sued to evict the building super from his apartment after the super's employment was terminated. The super claimed that he started working at the building in 1999 but soon thereafter was given a...

Tenant Was Arrested for Drug Sale Four Blocks from Building

June 24, 2017    

Landlord of building receiving subsidy assistance from the National Housing Act Section 221(d)(3) Below Market Interest Rate Program sued to evict tenant based on criminal drug activity. The court denied tenant...

Tenant's Son Wasn't Listed for Two Years on Income Affidavits

June 24, 2017    

Mitchell-Lama landlord notified tenant's son that he must vacate the apartment after tenant died. The son claimed succession rights and appealed to HPD. HPD ruled against the son, who filed an Article 78 appeal....

Landlord Not Responsible for Tenant's Fall Down Staircase

June 24, 2017    

Tenant sued her former landlord after she fell down an interior staircase in the two-story two-family house and was injured. The trial court ruled against tenant and dismissed the case. Tenant appealed and lost. The...

Landlord Can Evict Tenant for Short-Term Sublet Profiteering

June 24, 2017    

Landlord sued rent-stabilized tenant, seeking ejectment and claiming that tenant's rent-stabilized lease was validly terminated due to tenant's subletting and profiteering. Both sides sought a ruling...

Is Landlord Responsible for Laundry Room Attack on Tenant?

June 24, 2017    

Tenant sued landlord for negligence after she was sexually assaulted in the building laundry room. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was...

Commercial Tenant's Residential Use Made Building Rent Stabilized

June 24, 2017    

Landlord sued to evict tenant and claimed that the building was unregulated because it contained fewer than six apartments. Landlord claimed that the building contained four apartments but once contained a fifth...

Tenant's Brother Can't Get Mitchell-Lama Apartment

June 24, 2017    

The brother of Mitchell-Lama co-op shareholder tenant sought succession rights to an apartment after tenant moved out. HPD ruled against the brother, who filed an Article 78 appeal. He claimed that HPD's decision...

Landlord's Proof of Defaulting Tenant's Nonmilitary Status Insufficient

June 24, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment after tenant failed to appear and claimed that tenant wasn't in military service. The court ruled against landlord, finding...

No Fraud Found in Landlord's Setting of Pre-Base Date Rent

June 20, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning. The court ruled against tenant and dismissed the case. The...

No Fraud Where Landlord Improperly Deregulated Apartment in J-51 Building

June 20, 2017    

Tenants sued landlords, claiming landlord fraudulently deregulated their rent-stabilized apartment while receiving J-51 tax benefits. The court ruled against tenants, who appealed and lost. Landlord received J-51...

Buyouts of Prior Loft Tenants Permanently Excluded Units from Rent Regulation

June 20, 2017    

The Loft Board found that residential units in a building qualified as interim multiple dwellings (IMDs) under the Loft Law but weren't subject to rent stabilization upon prior landlord's purchase of former...

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