NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Apartment Remained Rent Stabilized Due to 1993 Rent Reduction Order

January 17, 2018    

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that she was rent stabilized and pointed out that the DHCR had issued a rent reduction order in 1993, which remained in effect since...

Court Applies Law Retroactively to Find Apartment Was Improperly Deregulated

January 17, 2018    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that he was rent stabilized and had been overcharged. The court ruled for tenant. Rent Stabilization Law (RSL) Section 26-511...

Tenant Can't Cure Nuisance Condition

January 16, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by repeatedly filing complaints against landlord relating to conditions in her apartment, resulting in the placement of violations, and then...

Landlord Entitled to Hearing on Whether Tenant Continued Objectionable Conduct

January 16, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court. Tenant agreed to refrain from harassing and threatening other tenants in the building during a...

Firefighter Injured Fighting Apartment Fire Can Sue Tenant for Negligence

January 16, 2018    

NYC firefighter sued tenant for damages after he was injured while fighting a fire in tenant's apartment. He claimed that tenant was negligent in leaving a hot plate plugged into a timer, in the "on"...

Long-Term Tenant Who Was Seriously Ill Excused from Eviction

January 16, 2018    

Landlord sued to evict rent-stabilized tenant. The court ruled for landlord, and tenant was evicted but later restored to possession by the court. Landlord and tenant then signed a settlement agreement, but landlord...

Tenant Can't Prove Landlord's Renovation Work Injured Her

January 16, 2018    

Tenant sued landlord in small claims court for personal injuries and property damages. Tenant claimed that landlord's renovations to the building, which tenant claimed involved the use of a jackhammer, caused...

NYC Water Board's 2017 Rate Increase and One-Time Credit Upheld

January 16, 2018    

Landlords sued the NYC Water Board after the Board approved a one-time $183 credit for owners of one-, two-, and three-family dwellings. At the same time, the Board increased charges in 2017 for owners of apartment,...

Landlord Claims Tenant Gutted and Demolished Bathroom

January 16, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance and violating Rent Stabilization Code Section 2524.3(b) by making unauthorized alterations that damaged the apartment. The court ruled for...

Former Rent-Controlled Apartment Was Vacancy Deregulated

January 16, 2018    

Tenant complained of rent overcharge. Landlord claimed that the apartment had been deregulated. The DHCR ruled for tenant, and landlord filed an Article 78 court appeal. The court ruled against landlord and found...

One Attempt by DOB to Personally Deliver Violation Notices Was Sufficient

December 20, 2017    

Landlord filed an Article 78 court appeal of ECB's decision to uphold seven violation notices issued by DOB. Landlord claimed that the violation notices weren't properly delivered. The court ruled against...

Termination of Tenant's Subsidy Is Excessive Penalty

December 17, 2017    

Tenant filed an Article 78 appeal of the decision by New Rochelle's Section 8 Housing Choice Voucher Program to terminate his participation in the federal housing subsidy program. The program terminated tenant...

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