NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

No Notice to Cure Needed Before Terminating Tenancy

November 12, 2018    

Landlord sued to evict rent-stabilized tenant for failing to provide access to make repairs and for failing to renew her rent-stabilized lease. Tenant claimed that landlord's termination notice was defective....

Tenant's Licensee Can't Sue Landlord for Illegal Lockout

November 12, 2018    

Apartment occupant sued landlord, claiming that she had been illegally locked out of an apartment. The court ruled against occupant, who appealed and lost. Occupant was a Section 8 tenant of another apartment in a...

Tenant's Daughter Gets Rent-Stabilized Apartment

November 12, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's daughter and had lived in the apartment with tenant for at least three years before tenant died...

Apartment Was Improperly Deregulated After Base Date Vacancy

November 12, 2018    

Landlord sued to evict tenant, claiming that tenant's apartment was deregulated. Tenant claimed that he was rent stabilized. The court ruled for tenant and dismissed the case. Landlord appealed and lost. The...

Tenant Who Performed Illegal Alterations Can Cure the Conditions

November 12, 2018    

Landlord sued to evict rent-stabilized tenant for illegally altering his apartment. The trial court ruled for landlord but gave tenant a postjudgment opportunity to cure. Landlord appealed and lost. Tenant proved...

Landlord Fined $52,000 for Tenants' Short-Term Rental Violations

November 12, 2018    

Landlord filed an Article 78 court appeal of an ECB decision finding violation of NYC administrative code provisions based on illegal occupancies and converting permanent residential units into use for transient...

Trial Needed to Determine If Landlord Can Recover Apartment for His Son

October 29, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that he needed tenant's apartment for the use of his son and daughter-in-law. After pretrial questioning, tenant asked the court to dismiss the case without...

Did Landlord's Acceptance of Rent Before Starting Court Case Waive Its Right to Proceed?

October 29, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without trial because landlord accepted and retained two rent payments for the period after tenancy...

Landlord Can Seek Eviction of Subtenant

October 28, 2018    

Landlord sued to evict rent-stabilized tenant and apartment subtenant based on tenant's nonprimary residence. The subtenant asked the court to dismiss the case, claiming illusory tenancy. The court ruled against...

Landlord's Illegal Sublet Claim Stated Sufficient Facts

October 28, 2018    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of his apartment. The court denied tenant's request to dismiss the case without trial. Landlord's notice to cure and termination...

Is Landlord Responsible for Tenant's Fall on Sidewalk Crack?

October 28, 2018    

Tenant sued landlord after she fell outside her apartment building due to a sidewalk crack filled with dirty ice. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for tenant's...

Boiler Heat Timer Control Didn't Qualify as MCI

October 22, 2018    

Landlord applied for MCI rent hikes based on the installation of a heat timer control on a building's boiler. The DRA ruled against landlord, who appealed and lost. The replacement only of the boiler control...