NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlords Can't Discharge HPD Liens for Tenant Relocation Costs

May 22, 2017    

New York’s highest court reviewed two similar cases. In the first case, a Brooklyn landlord sought to discharge an HPD lien for costs incurred by HPD to relocate tenants displaced from apartments as the result...

Landlord's Unflattering Description of Tenant Wasn't Defamation or Harassment

April 25, 2017    

Tenant sued landlord for defamation, harassment, and intentional infliction of emotional distress after landlord sent a letter to tenant’s friends and relatives concerning tenant’s dispute with landlord...

Tenant's Grandson Can't Get Mitchell-Lama Apartment

April 25, 2017    

HPD determined that tenant’s grandson didn’t have succession rights to tenant's Mitchell-Lama apartment after tenant died. The grandson filed an Article 78 court appeal of HPD’s decision,...

New Hearing Needed to Determine Reasonable Attorney's Fees

April 25, 2017    

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord without a trial, and awarded tenant $262,000 in attorney's fees as the prevailing party. Landlord appealed, and the case was...

Was Landlord Responsible for Tenant's Injuries in Elevator Accident?

April 25, 2017    

Tenant sued landlord for negligence, claiming injuries after an elevator door forcibly closed and struck her. The court ruled against tenant after trial and dismissed the case. Tenant appealed, and the case was...

Occupants Referred to SRO Housing by HRA Became Rent Stabilized After 30 Days

April 25, 2017    

Landlord sued to evict three single room occupancy (SRO) occupants, claiming that they were unregulated licensees. The court ruled against landlord, finding that the occupants were permanent residents under the Rent...

Did Landlord Install Smoke Detector in Apartment?

April 25, 2017    

Tenant sued landlord for negligence, claiming that landlord was responsible for tenant’s injuries in an apartment fire. Tenant woke up to find that his living room was on fire and had to run through the flames...

Tenant Mental Health Care Provider Not Responsible for Fire Caused by Subtenant

April 25, 2017    

Landlord’s insurer sued the tenant of several apartments for negligence and breach of contract. Tenant, a not-for-profit organization, sublet the apartments to individuals who participated in their support...

Tenants Can Pursue Class Action Against Landlord Based on Response to Superstorm Sandy

April 24, 2017    

Tenants sought to represent a class of residential and commercial tenants of their building, claiming that landlord was negligent by failing to properly secure the building prior to Superstorm Sandy and in connection...

Landlord Who Had No Notice of Lead Paint Condition Not Responsible for Injuries

April 24, 2017    

Tenant sued landlord, claiming his child was injured by exposure to lead paint in his apartment. Landlord asked the court to dismiss the case without a trial.  The court ruled against landlord, who appealed and...

Landlord Doesn't Prove IAIs Were Made

April 24, 2017    

Rent-stabilized tenant sued landlord for rent overcharge, claiming that landlord improperly imposed a $175 monthly rent increase for individual apartment improvements (IAIs) that it claimed were made before tenant...

Did Lead Paint in Apartments Injure Tenant's Child?

April 24, 2017    

Tenant sued landlord NYCHA, claiming that her child was exposed to lead paint in the apartment they lived in. The child was born in 2005, diagnosed as having elevated blood lead levels in 2010, and some of the...

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