NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Succession Rights for Mitchell-Lama Occupants Who Claimed They Paid Rent

February 27, 2017    

Landlord sued to evict occupants from Mitchell-Lama apartment after HPD determined that the occupants didn’t have succession rights. The court ruled for landlord. Occupants appealed and lost. Occupants claimed...

NYCHA Tenant's Daughter Can't Get Apartment

February 27, 2017    

The daughter of deceased NYCHA tenant filed an Article 78 appeal of NYCHA’s denial of her succession rights claim to the apartment. The court ruled for the daughter, but NYCHA appealed and won. NYCHA’s...

Condo Board Can Eject Nonpaying Unit Owner in Foreclosure Action

February 21, 2017    

Condominium board sued unit owner in foreclosure action for unpaid common charges. The court granted the board’s request for appointment of a receiver, and then granted the receiver’s request for a writ...

Tenants Entitled to Pretrial Questioning of Landlord

February 13, 2017    

Landlord sued to evict rent-stabilized tenants, claiming that the apartment wasn’t tenants’ primary residence. Tenants asked the court for permission to conduct pretrial questioning of landlord. The court...

NYCHA Reasonably Sought to Accommodate Tenant's Fear of Apartment Entry

February 13, 2017    

Tenant filed an Article 78 appeal of NYCHA’s decision to terminate her Section 8 rent subsidy. The court ruled against tenant. Tenant failed to act reasonably in response to NYCHA’s attempts to...

Lease Mistakenly Changed Combined Apartments from Rent Controlled to Stabilized

February 13, 2017    

Landlord and tenant signed a lease for three combined apartments in 1975 that changed tenant’s status from rent-controlled tenant of his prior apartment to rent-stabilized tenant of the combined apartments. In...

Landlord Co-op Can Evict Deceased Tenant Shareholder's Daughter

February 13, 2017    

Landlord cooperative corporation sued to evict shareholder tenant’s daughter and grandson for nonpayment after tenant died. The court ruled for landlord. Occupants appealed and won, in part. Landlord had...

Termination Notice Didn't State That Tenant Didn't Cure Defaults

February 13, 2017    

Landlord sued to evict tenant, claiming that tenant had breached a substantial obligation of her tenancy, had permitted a nuisance in her apartment, and had denied landlord access to make necessary repairs. The court...

Partial Use of Multiple Dwelling as Transient Hotel Violated C of O

February 10, 2017    

ECB ruled that landlord’s use of the building violated its certificate of occupancy, zoning rules, and the building code. Landlord filed an Article 78 appeal, claiming that ECB’s decision was unreasonable...

Landlord Must Pay Tenant Stipends and Relocation Costs

February 10, 2017    

The DHCR directed landlord to pay tenants’ demolition stipends and relocation costs in connection with a building demolition. Landlord filed an Article 78 appeal, claiming that the DHCR’s decision was...

DHCR Must Reconsider Landlord's MCI Increase Application

February 10, 2017    

Landlord applied to the DHCR for rent hikes based on MCIs. The DHCR ruled against landlord, who then filed an Article 78 court appeal claiming that the DHCR’s decision was arbitrary and unreasonable. The court...

Did Missing Handrails in Building Staircase Cause Tenant’s Fall?

February 10, 2017    

Tenant sued landlord for negligence after he slipped and fell on the building staircase. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for tenant’s...

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