NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

ERAP Stay Obtained by Squatter Is Lifted by the Court

April 27, 2022    

Landlord sued to evict apartment occupant after serving a 10-day notice to quit in September 2021. The occupant appeared in court and, since she had filed an ERAP application, the case was stayed. Landlord asked the...

Rent Overcharge Settlement Agreement Signed Before Regina Upheld on Appeal

April 26, 2022    

Building tenants sued landlord for rent overcharge and improper deregulation of their apartments. In 2018 the court found that landlord engaged in a fraudulent scheme to deregulate by falsely exempting some...

Landlord Can Seek Additional Rent Arrears After ERAP Pays Partial Amount

April 26, 2022    
Landlord commenced an eviction proceeding in September 2020, which was stayed first by the eviction moratorium, and then as a result of tenant's ERAP application filed in June 2021. In February 2022, landlord...

Tenant Claims Landlord's Termination of Her Parking Space Was Discriminatory

April 26, 2022    

Tenant sued landlord in federal court, claiming landlord denied her an accessible parking space at the building, terminated her parking space on the basis of her race and disability status, and retaliated against her...

Landlord's Description of Tenant's Objectionable Conduct in Predicate Notices Was Sufficient

April 26, 2022    

Landlord of Mitchell-Lama cooperative housing sued to evict tenant  based on objectionable conduct. Landlord claimed that tenant allowed loud screaming, yelling, and amplified music to emanate from his apartment...

Subtenant Sues Landlord and Tenant to Collect on $200K Overcharge Judgment

April 26, 2022    

A subtenant sued landlord and the prime tenant of a rent-stabilized apartment for rent overcharge. Landlord and prime tenant had signed an initial lease in 1995 and then renewed the lease periodically through 2007....

Landlord Sanctioned by Court for Late-Date Claim Regarding Plaintiffs' Attorneys

April 26, 2022    

Tenants sued landlord in 2016, claiming rent overcharge and improper deregulation of their apartments while landlord received tax benefits under RPTL Section 421-g. In 2017, the court ruled that tenant's units...

Appeals Court Reinstates Tenants' Claims of Harassment and Assault by Landlord

April 26, 2022    

Tenants appealed a court's denial [see LVT #31340] of their claims against landlord for...

Pending ERAP Application Won't Delay Eviction Proceeding for Former Super

April 26, 2022    

Landlord sued to evict the building's former superintendent after the super's employment was terminated in September 2021. The super lived in an apartment in the building as an incidence of his employment and...

Landlord Harassed Tenant Through Groundless Eviction Proceedings

April 26, 2022    

Tenant sued landlord and HPD in an HP proceeding, seeking an order to correct violations and a finding of harassment by the landlord. The trial court ruled in tenant's favor.

Tenant Couldn't Switch Forums for Overcharge Claim

April 26, 2022    

Tenant complained to the DHCR of rent overcharge and landlord's refusal to give her a rent-stabilized renewal lease. Landlord claimed that the apartment was deregulated. The DRA ruled for tenant but found no...

DHCR Reasonably Determined That Landlord Didn't Overcharge Tenant

April 25, 2022    

Tenant complained to the DHCR of rent overcharge and improper deregulation of her apartment. The DHCR ruled against tenant, who filed an Article 78 proceeding for judicial review of the DHCR's decision. The court...