NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Buyout Agreement Didn't Conform to Anti-Harassment Law Provisions

November 22, 2020    

Landlord sued to evict rent-stabilized tenant's daughter, claiming that tenant had surrendered her tenancy in a buyout agreement with landlord. Tenant died after landlord started the court case. The daughter...

Tenant Not Entitled to Refund of Brokerage Fee

November 22, 2020    

Tenant sued landlord's real estate broker in small claims court, seeking to recover the broker's $2,200 fee, paid before she rented an apartment in landlord's building. The trial court ruled against...

Tenant Safe Harbor Act Doesn't Apply to Rent Due Before March 7, 2020

November 22, 2020    

Landlord sued to evict tenant for nonpayment of rent in July 2018. Landlord and tenant signed a settlement agreement that was approved by the court on March 11, 2020. Landlord later asked the court to grant it a...

Landlord Responsible for Tenant's Slip and Fall on Wet Staircase

November 22, 2020    

Tenant sued landlord for negligence and sought damages for personal injuries she claimed she suffered after slipping and falling while walking down an interior staircase in her apartment building. Tenant claimed that...

Landlord Can't Withhold Security Deposit for Damage to Backyard

November 22, 2020    

Former tenant of brownstone apartment sued landlord in small claims court for recovery of his $2,400 security deposit. The trial court ruled against tenant, who appealed and won. Landlord argued that she had to pay...

Tenant Who Often Stayed with Companion Still Maintained Apartment as Primary Residence

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord. Although tenant often slept at her 75-year-old companion's apartment, the court found that tenant...

Tenant's STAR Exemption for Yonkers House Didn't Preclude Primary Residence in Manhattan

November 22, 2020    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't respond to landlord's court petition, but tenant's son claimed that tenant had moved out and that he had succession...

Tenants Can Sue Landlord for Negligence Based on Porter's Actions

November 17, 2020    

Tenants sued landlord because they claimed that landlord's building porter made a false report to NYC's Child Protective Services (CPS). Tenants made a number of legal claims against landlord. The court...

No Overcharge Found Where First Stabilized Rent Was Fair Market Rent

November 17, 2020    

In prior litigation, tenant sued landlord, claiming improper deregulation of his apartment. The court ruled that tenant was rent stabilized because luxury deregulation was unlawful while landlord received J-51 tax...

Rent Overcharge Ruling That Applied HSTPA Retroactively Is Overturned

November 17, 2020    

Rent-stabilized tenant sued landlord, claiming rent overcharge. The court ruled for tenant and directed that the default formula be used to determine the legal rent and overcharge award. The court also awarded...

Landlord Entitled to Back Rent and DOB Fines When Tenant Moved Out

November 17, 2020    

Landlord sued tenant, seeking to recover rent arrears and fines imposed by DOB relating to tenant's unauthorized rental of his apartment for transient use through Airbnb. The court ruled for landlord without...

Mitchell-Lama Tenant's Family Members Don't Prove Succession Rights

November 17, 2020    

Family members of Mitchell-Lama building tenant claimed succession rights to the apartment after tenant moved out. HPD ruled against the family members. The family members then filed an Article 78 court appeal,...