NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court, Not DHCR, Must Determine if Apartment Is Rent-Stabilized Tenant's Primary Residence

July 25, 2024    

Landlord sent tenant a notice of lease nonrenewal based on claimed nonprimary residence. Tenant then filed a complaint with the DHCR based on landlord's failure to offer her a renewal lease. Landlord commenced an...

Tenant Awarded Over $195,000 in Rent Overcharges

July 25, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed improper deregulation of her apartment and rent overcharge. The trial court ruled for tenant, finding that the base date rent was...

Managing Agent May Be Responsible for Accident That Injured Tenant's Employee

July 25, 2024    

An employee of a restaurant located in landlord's building, sued the building owner, managing agent, and the restaurant for personal injuries after he slipped and fell on grease in the building's basement...

Landlord Sent Damages Notice to Tenant More Than 14 Days After Move-Out

July 25, 2024    

Tenant rented a house from landlord for a two-month period during July-August 2020, and gave landlord a $20,000 security deposit. At tenant's request, landlord allowed tenant to vacate early, on July 24, 2020....

Tenant of Co-op Apartment Gets 100% Rent Abatement

June 26, 2024    

Landlord, a co-op unit sponsor who maintained control of the building, sued to evict rent-stabilized tenant of the unit for nonpayment of rent. Landlord claimed tenant owed over $15,000. Tenant in turn asked the...

Landlord Didn't Sufficiently State in Termination Notice Why Apartment Needed

June 26, 2024    

Landlord sued to evict rent-stabilized tenant in order to recover apartment for his own use. Tenant asked the court to dismiss the case, claiming that the termination notice was insufficient and defective, and that...

Landlord Not Responsible for One Tenant's Stabbing Attack on Other Tenant

June 26, 2024    

Tenant sued landlord after another building tenant stabbed him. Landlord claimed that it wasn't responsible for the attack on tenant and asked the court to dismiss the case. The court ruled against landlord, who...

Tenant Claims Rent Concession Was Improper Preferential Rent in 421-a Building

June 26, 2024    

Tenant in a building receiving 421-a tax benefits sued landlord, claiming rent overcharge and violations of the Rent Stabilization Law. Tenant also sought to make the case a class action. The court denied landlord...

Trial Needed to Determine If Apartment Improperly Deregulated and Tenant Overcharged

June 26, 2024    

Tenants sued landlord in March 2019, claiming improper apartment deregulation and wilful rent overcharge. They moved into the apartment in 2017 under a non-regulated lease at $4,000 per month. DHCR rent registration...

Court Upholds HPD Ruling that Mitchell-Lama Tenant Didn't Use Apartment as Primary Residence

June 26, 2024    

Tenant filed an Article 78 court appeal of an HPD decision that tenant wasn't using her Mitchell-Lama apartment as her primary residence, and granting landlord a certificate of eviction. The court transferred the...

Deadline for Security Deposit Refund Notification to Tenants Was Tolled During Pandemic

June 26, 2024    

Former tenants sued landlord, seeking recovery of double the amount of their security deposit after they moved out. Tenants claimed that they gave landlord written notice of their vacatur on July 15, 2020, after...

Landlord Can't Claim Rent-Stabilized Tenant Is Mere Licensee

June 26, 2024    

Landlord sued to evict apartment occupant after serving a 10-day notice to quit, even though the occupant had moved into the apartment under a fully executed one-year rent-stabilized lease. Landlord claimed that...