NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Vacates ERAP Stay Where Unregulated Tenant's Tenancy Had Expired

August 25, 2022    

Landlord of two-family house sued to eject tenants of one unit. Their lease had expired on Jan. 31, 2019, after which they remained as month-to-month tenants. Landlord sent tenants a 90-day termination notice in...

Tenant Claims Landlord's LEP Policy Discriminated Against Housing Applicants

August 25, 2022    

A not-for-profit group advocating against housing discrimination sued landlord for violations of the Fair Housing Act of 1968 (FHA) and the New York State Human Rights Law (NYSHRL) based on refusal to rent to a...

ERAP Stay Vacated Where Occupant Claimed Succession Rights

August 24, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant filed for ERAP assistance, which automatically stayed the proceeding. Landlord then asked the court to vacate the ERAP stay....

Broker Didn't Advise Tenant She Also Owned the Apartment

August 24, 2022    

Former tenant of a two-family house sued landlord, who was also his real estate broker, seeking a refund of $2,900 he paid to landlord when he rented the apartment. Landlord, in turn, counterclaimed for $5,000,...

Court Vacates ERAP Stay Granted to Unlawful Subtenant

August 24, 2022    

Landlord sued to evict tenant for illegally subletting his apartment to an occupant. The case was stayed due to subtenant's filing of an ERAP application. Landlord asked the court to vacate the stay, arguing that...

Landlord Must Pay $21,000 for Failing to Provide Cooking Gas for Two Years

August 24, 2022    

Tenants sued landlord in an HP proceeding, claiming harassment in violation of Housing Maintenance Code (HMC) Section 27-2004(a)(48). Tenants asked the court to rule in their favor without a trial, arguing there was...

Court Vacates ERAP Stay Where Tenant's Income Was Above Threshold for Relief

August 24, 2022    

Landlord sued to evict a project-based Section 8 tenant from HUD-subsidized apartment for failure to complete the required annual recertification process for the apartment. Landlord asked the court to vacate an ERAP...

Tenant Can Proceed with Claim that Apartment Was Fraudulently Deregulated

August 24, 2022    

Tenant sued landlord in 2020 for rent overcharge and fraudulent deregulation of her apartment due to landlord's claimed high-rent vacancy deregulation. Tenant also claimed violation of General Business Law (GBL)...

Was Out-of-Possession Landlord Responsible for Injuries on Building Ramp?

August 24, 2022    

An individual sued landlord for negligence after he slipped and fell due to a claimed unreasonable accumulation of moss, algae, or other plant growth on an exterior ramp at the apartment building landlord owned....

Landlord Can't Deny Apartment to Voucher Tenant Based on Source of Income

August 24, 2022    

A prospective tenant, who was a mother with two children, sued landlord of a Bronx housing complex after landlord denied her an apartment rental application because she didn't earn at least $62,000 per year. The...

Review of Facts Needed to Determine If Apartment Was Properly Deregulated

August 24, 2022    

Decision submitted by Noah Levenson, Esq. of the Manhattan law firm of Butnick & Levenson LLP, attorneys for the landlord.

Landlord's Termination Notice on Unregulated Tenant Didn't Comply with RPL Section 226-c

August 24, 2022    

(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, who represented the tenant.)