NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Improperly Lifted ERAP Stay to Rule for Eviction in Nonpayment Case

May 27, 2025    

Landlord sued to evict tenant for nonpayment of rent based on unpaid rent from May through August 2021 at $2,500 per month. In October 2021, landlord applied for assistance under the Landlord Rental Assistance...

No Second Handrail Required on Exterior Stairway

May 27, 2025    

Tenant sued landlord for negligence after falling on exterior stairs outside the building. Tenant claimed that the stairway was defective because it had only one handrail on the left side of the stairway, and the...

Landlord Can't Remove Building Services Until DHCR Approval Is Obtained

May 27, 2025    

Twenty-four tenants, who were either rent controlled or rent stabilized, sued landlord and asked the court to issue an order restraining landlord from making certain building improvements until either their lawsuit...

Tenants Didn't Prove Washer/Dryer Were Needed in Apartment to Accommodate Son's Disability

May 26, 2025    

Landlord sued to evict tenants based on tenants' breach of a lease by maintaining a washer and dryer in their apartment. Tenants claimed in defense that landlord had waived its right to object to the washer/dryer...

Evicted Rent-Stabilized Tenant Restored to Possession Where DSS Would Pay Back Rent

May 26, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. On March 4, 2025, the court granted tenant's first motion to be restored to possession...

Rent Overcharge Found for Some Rent Concessions Granted in 421-Buildings

May 26, 2025    

Tenants of a three-building complex with 1,800 apartments brought a class action against landlord, claiming that rent concessions given to the initial tenants in these 421-a buildings were in fact preferential rents...

Tenants Present Insufficient Documents for Court to Find Fraudulent Scheme to Deregulate

May 26, 2025    

Tenants of 11 buildings sued landlord, claiming landlord fraudulently deregulated rent-stabilized apartments in their buildings. The court granted tenants' request for pre-trial document production by landlord,...

Landlord Fraudulently Deregulated Apartment While Getting J-51 Tax Benefits

May 23, 2025    

Tenant sued landlord in October 2019, claiming rent overcharge and improper apartment deregulation. Tenant moved into the unit in 2006 and wasn't informed that the building was receiving J-51 tax benefits at that...

Rent Fraud Exception to Base Date Review Applied Only to Post-Roberts Deregulations

May 23, 2025    

Tenants of 37 apartments sued landlord in a class action claiming improper deregulation and rent overcharge while landlord received J-51 tax benefits. In 2022, the court granted tenants' request for a decision...

Tenants' Claims of Fraudulent Deregulation Subject to Law as Amended in 2023

May 23, 2025    

Four tenants sued landlord, claiming improper, fraudulent apartment deregulation and rent overcharge. Tenants asked the court for a ruling without a trial, which the court granted in part in 2022. Tenants appealed,...

Landlord Improperly Deregulated Apartment While Building Received J-51 Tax Benefits

May 23, 2025    

Landlord sued to evict tenant after sending tenant a 90-day lease nonrenewal notice. Landlord claimed that the apartment was unregulated. Tenant claimed that he was rent stabilized. Both sides asked the court to rule...

Were Rent Concessions in 421-a Building Part of a Scheme to Inflate Initial Rents?

May 22, 2025    

Tenants in a class action sued landlord, claiming that landlord improperly manipulated the initial legal regulated rents of apartments in a 421-a building by offering tenants rent concessions. The court denied...