NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Finds Newburgh's Adoption of ETPA Null and Void

April 25, 2024    

After the City of Newburgh adopted rent stabilization coverage under the ETPA on Dec. 18, 2023, a group of property owners sued the city and the DHCR, seeking a declaration that Newburgh's adoption of the ETPA...

Appeals Court Upholds Kingston's Adoption of ETPA

April 25, 2024    

A group of owners of buildings that became subject to rent stabilization under the City of Kingston’s August 2022 adoption of the ETPA filed a challenge to the city’s actions, arguing that the vacancy...

Landlord Responsible for Tenant's Injuries After Slip-and-Fall on Wet Floors

March 27, 2024    

Tenant sued landlord for negligence after a slip-and-fall in landlord's apartment building. After pre-trial questioning, tenant asked the court to rule in her favor without a trial. Tenant claimed that landlord...

Renewal of Rent-Stabilized Lease During Nonpayment Case Didn't Create New Tenancy

March 27, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. While that case was pending tenant's lease expired. Landlord offered a renewal lease, but tenant failed to sign it. Landlord then started a...

Court Orders Landlord to Correct Immediately Hazardous Violation During Nonpayment Case

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. While the case was pending and before even filing an answer to landlord's petition, tenant filed an Order to Show Cause seeking an Order to Correct a roach...

Landlord Awarded $45,000 Judgment in Summary Proceeding After Tenant Moves Out

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend its petition and for summary judgment without trial. The court ruled against landlord, who appealed and won...

Landlord Must Commence Ejectment Action Against Nuisance Tenant

March 27, 2024    

Tompkins County landlord sued to evict tenant for creating a nuisance and objectionable conduct. Landlord sent tenant several prior notices before commencing the court proceeding but didn't serve a lease...

HPD Can Deny J-51 Certificate to Landlord Who Rented to Tenants Before C of O Issued

March 27, 2024    

Landlord sued HPD after HPD denied landlord's application for a Certificate of Eligibility and Reasonable Cost for J-51 tax benefits in 2022. Landlord had applied for J-51 benefits based on rehabilitation of its...

Tenants Can't Appeal Conditions Imposed on Hearing Adjournment in Nuisance Case

March 26, 2024    

Landlord, a co-op corporation, sued to evict shareholder tenant for violating provisions of their proprietary lease and house rules that prohibited unreasonable noise. Following a trial, a judgment of possession for...

Co-op Shareholders Claim Retaliation by Co-op Board After Complaints About Drinking Water

March 26, 2024    

Co-op shareholder tenants sued their building's cooperative corporation for retaliation under RPL Section 223-b. They claimed that the co-op board issued a default notice just five weeks after the they complained...

Court Vacates Rent Reduction Order Issued Against Co-op Instead of Shareholder

March 26, 2024    

Rent-stabilized tenants in a co-op building complained to the DHCR that laundry room washer and dryer services had become inoperable. Tenants named the co-op corporation as the landlord in their complaint. Although...

Landlord Didn't Send 90-Day Termination Notice Before Lease Expiration

March 26, 2024    

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant had lived in the apartment for more than three years before landlord commenced the court proceeding. Tenant asked the court to dismiss...