NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can't Restore Nonprimary Residence Case Marked Off Court Calendar Nine Years Earlier

March 28, 2025    

Landlord sued to evict rent-stabilized tenant, claiming nonprimary residence. The case was marked off calendar in 2014, and in 2022 landlord asked the court for permission to restore the case to the court calendar....

Rent-Controlled Tenant's Life Partner Gets Apartment

March 28, 2025    

Landlord sued to evict apartment occupant some time after rent-controlled tenant died, claiming that she was a licensee whose right to live in the apartment ended when tenant died. The occupant claimed succession...

Court Denies Class Action Status to Tenants Claiming Rent Overcharge Scheme

March 27, 2025    

Tenants of 55 different apartments in 22 buildings owned or operated by landlord sued landlord in 2016 and claimed that landlord pursued a scheme designed to unlawfully inflate rents in violation of the Rent...

Law Office Failure by Tenants' Attorney Excused by Court

March 27, 2025    

Tenants, claiming to be the last few remaining tenants of a Brooklyn building undergoing a gut renovation, sued landlord in 2023. They claimed harassment and housing code violations. Tenants started the court case by...

Mitchell-Lama Tenant Who No Longer Lived in Unit as Primary Residence Can't Buy It as Insider

March 27, 2025    

An affordable housing tenant and his daughter sued landlord in connection with a cooperative conversion plan offered by landlord. Their building had been withdrawn from the Mitchell-Lama program in 2018 and became...

Appeals Court Upholds Dismissal of Luxury Deregulation Applications Still Pending When HSTPA Enacted

March 27, 2025    

Landlord filed two separate applications with the DHCR, in 2017 and 2018, seeking high-rent/high-income deregulation of tenant's rent-stabilized apartment. These applications were still pending before the DHCR on...

Rent Amount Reflecting On-Time Payment Discount Was Legal Regulated Rent

March 27, 2025    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DHCR ruled for tenant, finding that the on-time discounted rent charged to tenant, rather than the higher rent listed on tenant's lease, was...

Court Dismisses Tenants' Lawsuit Against DHCR Claiming Negligence

March 27, 2025    

Tenants sued the DHCR, claiming that they intended to sue the DHCR for negligence. They started the lawsuit claiming to need pre-action discovery from the DHCR to identify the specific DHCR Records Access Officers or...

DHCR Reasonably Denied Landlord's Demolition Application

March 27, 2025    

Landlord applied to the DHCR for permission to terminate the leases of rent-stabilized tenants based on landlord's plans to demolish the building. The DHCR ruled against landlord (see...

Court to Calculate Rent Overcharge Using Default Method Due to Fraud

March 27, 2025    

Rent-stabilized tenant sued landlord for rent overcharge, claiming fraud by landlord. The court ruled for tenant. The last rent charged to prior tenant was $1,044.52 per month and landlord then charged tenant $1,500...

Trial Must Determine If Default Formula Applied to Each Overcharge Claim in Class Action

March 27, 2025    

Tenants sued landlord in a class action, claiming rent overcharges resulting from an alleged scheme to charge market-rate rents for apartments while collecting J-51 tax benefits. Landlord denied tenants' claims...

Landlord Not Responsible for Visitor's Injuries in Slip-and-Fall Case

March 27, 2025    

A visitor to a doctor's office located in a co-op building sued landlord cooperative corporation after she lost her balance and fell on steps between the building lobby and the doctor's office entrance,...