NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Termination Notice Failed to State Tenant Received Section 8 Subsidy

August 28, 2024    

Landlord sued to evict tenant based on termination of the lease term through a 90-day termination notice. Tenant asked the court to dismiss the case without a trial because landlord failed to comply with termination...

Mitchell-Lama Co-op Tenant Cured Failure to Recertify Income

August 28, 2024    

Landlord, a limited profit cooperative corporation, sued to evict Mitchell-Lama tenant based on tenant's failure to submit annual income affidavits for the years 2019-2022 in violation of Mitchell-Lama program...

Is Landlord Responsible for Tenant's Slip-and-Fall on Loose Staircase Step?

August 28, 2024    

Tenant sued landlord for negligence after she fell on a loose or detached stair while walking down a six-floor staircase in her apartment building. Tenant stated that she felt her right foot lean forward and the back...

Default Judgment Vacated After Tenant Shows Reasonable Excuse for Default

August 28, 2024    

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. The court ruled for landlord after tenant failed to appear in court and it had conducted an inquest. Tenant later asked the court...

Is Landlord Responsible for Ceiling Collapse that Injured Tenant?

August 28, 2024    

A subtenant sued landlord for negligence after sustaining personal injuries when a portion of the bathroom ceiling in her apartment collapsed on her.  During a period of at least six months, the subtenant had...

Landlord Failed to Serve VAWA Notice

August 28, 2024    

Landlord sued to evict a month-to-month tenant after serving a 90-day termination notice. Tenant had a federal Section 8 housing subsidy administered by NYCHA under the Section 8 Housing Choice Voucher Program (HCV...

Tenant's Brother Gets Project-Based Section 8 Apartment After Tenant Dies

August 28, 2024    

Landlord sued to evict apartment occupant after tenant died, claiming that occupant was tenant's live-in aide and licensee who no longer had a right to remain in the project-based Section 8 apartment. Occupant...

Acceptance of Rent Claimed in Nonpayment Petition Required Dismissal of Case

August 28, 2024    

Landlord sued to evict tenant in November 2022 for nonpayment of rent. Landlord obtained a default judgment of possession and eviction warrant against tenant after she failed to appear in court. On Dec. 14, 2022,...

Nuisance and Lease Violation Claims Against Rent-Stabilized Tenant Dismissed

August 28, 2024    

Landlord sued to evict rent-stabilized tenant with a Section 8 housing voucher for creating a nuisance and for breaching her lease. Landlord had sent tenant a notice to cure before proceeding in court. Landlord...

Landlord Not Responsible for Stopping Dispute Among Co-Tenant Family Members

August 28, 2024    

Two rent-stabilized tenants, A and B, living in the same three-bedroom apartment, sued their other two co-tenants, C and D, and their landlord. Tenant A was the son of Tenant C. Tenant B was Tenant A's wife. The...

Tenant Claims Landlord Should Have Installed Smoke Detector in His Bedroom

August 27, 2024    

Tenant sued landlord for personal injuries sustained while he was leaving his apartment during a fire that started in the three-bedroom apartment, as well as for property damage. Tenant claimed that landlord was...

Court Permits Discovery of Rent Records Back to 2006

August 27, 2024    

Landlord sued to evict unregulated tenant for nonpayment of rent based on tenant's failure to pay monthly rent of $3,200. Tenant, represented by counsel, claimed that the building didn't have a proper...