NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Apartment Was Properly Identified in Court Papers

June 26, 2018    

Landlord sued to evict tenant from cooperative apartment. The court granted tenant's request to dismiss the case, finding that the apartment wasn't properly identified in the court papers. Landlord appealed...

Tenant's Brother Didn't Prove He Was Illegally Locked Out After Tenant Died

June 26, 2018    

Brother of rent-stabilized tenant, who died in December 2017, sued landlord, claiming illegal lockout. The court granted landlord's request to dismiss the case. The brother claimed that he had lived with...

Tenant Presented No Basis for Restoration to Possession

June 24, 2018    

Tenant asked the housing court to be restored to possession of his apartment seven months after the eviction. The court ruled against tenant, who appealed and lost. The court petition papers were properly served by...

Elevator Service Company Not Responsible for Tenant's Injuries

June 24, 2018    

Tenant sued elevator service company after she was injured when her building elevator closed unexpectedly on her. The court granted the elevator company's request to dismiss the case without a trial. Tenant...

Occupant Can't Get Pre-Trial Questioning of Landlord in Succession Case

June 24, 2018    

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights. The court granted landlord's request to conduct pretrial questioning of the occupant but denied...

HPD Properly Terminated Building's Tenant Interim Lease Program

June 23, 2018    

Tenant association entered into a tenant interim lease (TIL) program agreement with HPD in 2003. The program allowed tenants to form a low-income housing cooperative and eventually become homeowners provided that...

Tenant Violated Agreement to Keep Her Son Out of Apartment

June 23, 2018    

In 2007, NYCHA charged tenant with nondesirability based on its claim that tenant's son possessed and sold crack cocaine at or near the building complex grounds. Tenant signed a settlement agreement with landlord...

DHCR Must Issue High-Rent/High-Income Deregulation Order

June 23, 2018    

(Decision submitted by Paul N. Gruber, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Court Denies Writ of Prohibition Sought by Tenant Against Housing Court Order

June 23, 2018    

Tenant sought a writ of prohibition against enforcement of a housing court order after the court granted landlord's request for re-executing a warrant of eviction. The court ruled against tenant, who appealed and...

Tenant Improperly Claims Rent Overcharge After Final DHCR Rulings

June 23, 2018    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed that landlord failed to properly calculate his rent in light of J-51 tax relief and fuel cost adjustments. The court ruled for...

Daughter Can't Get NYCHA Tenant's Apartment

June 23, 2018    

NYCHA tenant's daughter claimed succession rights to the apartment after tenant died. NYCHA denied the daughter's request, finding that she didn't qualify as a remaining family member. The daughter filed...

Landlord Must Accommodate Tenant's Request for Wheelchair-Accessible Apartment Doorway

June 23, 2018    

Tenant, unable to enter or leave her apartment without being carried, asked landlord to install a wheelchair-accessible entrance to her unit by converting a window to a door. Landlord claimed that it couldn't do...

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