NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

COVID Pandemic Laws Can't Prevent Landlord from Immediate Abatement of Unsafe Conditions

January 26, 2022    

Landlord sued to evict ETPA tenant for nonpayment of rent, claiming tenant owed $6,800 in arrears. Tenant consented to admitting landlord to the apartment to make repairs while the case was pending. But tenant later...

Court Holds Landlord in Contempt for Failure to Make Repairs

January 21, 2022    

Landlord sued to evict tenants for nonpayment of rent. The parties settled the case in court. Landlord discontinued the nonpayment claim and agreed to make repairs in the apartment. Tenants later asked the court to...

Landlord Can't Transfer DHR Discrimination Complaint to State Supreme Court

January 21, 2022    

Tenant complained to the State Division of Human Rights (DHR) of housing discrimination by landlord based on source of income. The DHR found probable cause to go forward with consideration of tenant's claim and...

Fraud and Willful Overcharge Result in Refund Due Tenant for Over $200K

January 21, 2022    

Tenant sued landlord, claiming unlawful deregulation and rent overcharge. Landlord had given tenant an unregulated five-year lease when he moved into the unit in May 2003 at a monthly rent of $2,001. The apartment...

Landlord Didn't Harass Tenant

January 21, 2022    

Tenant sued landlord in an HP housing court proceeding. Tenant sought an order directing landlord to correct apartment conditions and finding that landlord had harassed tenant. Ruling only on the harassment claim,...

Tenant's Filing of Second ERAP Application Stayed Execution on Eviction Warrant

January 21, 2022    

Landlord sued to evict tenant for nonpayment of rent. Initially, a judgment of possession and money judgment were entered in landlord's favor in January 2020. Execution on the eviction warrant was stayed until...

Tenant's Claim of Building Violations and Harassment by Landlord Dismissed

January 20, 2022    

Tenant sued landlord in housing court, claiming that conditions in his apartment violated the Multiple Dwelling Law (MDL), Housing Maintenance Code (HMC), and other housing standards. He also claimed that landlord...

Landlord's Homeowner's Insurance Didn't Cover Tenant's Slip-and-Fall Claim

January 20, 2022    

Landlord's insurer sued landlord in federal court, seeking a declaration that the homeowner's insurance policy it issued to landlord excluded coverage for claims that landlord's tenant pursued against...

New Trial Needed on Tenant's Emotional Support Dog Discrimination Claim

January 20, 2022    

Tenant moved into landlord's building in 2011. At that time, he had been diagnosed with a major depressive disorder and generalized anxiety disorder. In 2013, tenant requested an accommodation from landlord so...

Tenant Moved Out Too Late to Get Stipulated Buyout Payment

January 19, 2022    

Landlord sued to evict tenant. The parties settled the case, and a court-ordered stipulation provided for entry of a final judgment of possession in landlord's favor, a stay on the execution of the eviction...

Court Bans Tenant's Disruptive Visitor from Building

January 19, 2022    

Landlord sued tenant, seeking to stop tenant and his frequent guest from creating a nuisance in its apartment building. In December 2020, the court granted landlord's request for a preliminary injunction...

Court Dismisses Tenant Challenge to Landlord's FDCPA Notice

December 22, 2021    

Landlord sued tenant for $47,500 in rent arrears. Before serving court papers, landlord sent tenant a rent demand signed by landlord's attorney, which included a prominent notice that landlord's attorneys...