NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Can't Report Tenant's Nonpayment to Credit Reporting Agency Before Case Decided

April 25, 2025    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability and harassment. After a trial was scheduled for June 12, 2025, tenant asked the court to stop...

Tenant's Loft Unit Was Subject to Rent Stabilization

April 25, 2025    

Landlord sued to evict loft tenant, claiming he was unregulated. Tenant claimed that he was subject to rent stabilization. Landlord asked the court to rule in its favor without trial. The court ruled against landlord...

Co-op Board Had Unlimited Right to Either Consent or Withhold Permission to Sublet

April 25, 2025    

A co-op shareholder tenant sued landlord cooperative corporation for refusing to grant permission to sublet his apartment and denying his request for a shareholder meeting on the issue. The tenant also claimed that...

Tenant's Great-Niece Can't Get Mitchell-Lama Co-op Apartment

April 25, 2025    

An apartment occupant claimed succession rights to a Mitchell-Lama co-op apartment after the shareholder tenants died. Tenant husband died in 1995, and his wife died in 2022. She had been admitted to a nursing home...

Former Tenant's Claims Against Landlord, Judge, Marshal, and DHCR Dismissed

April 25, 2025    

Landlord sued to evict tenant in housing court, and tenant was evicted in 2015 after the court found that tenant had made the apartment uninhabitable by mites. Between 2014 and 2019, tenant brought a series of...

Court Permits Pre-Trial Questioning by Tenant Claiming Fraudulent Rent Overcharge

April 25, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed that there was a fraudulent rent overcharge and asked the court for permission to conduct pretrial questioning....

Landlord Must Use Notice-of-Petition Form Created Under Civil Court Rules

April 25, 2025    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't use the notice of petition form required by NY City Civil Court Rules Section 208.42. The...

Landlord Can't Sue Tenant for Nonpayment While Basement Contained Illegal Apartment

April 25, 2025    

Landlord sued tenants of a two-family dwelling in small claims court seeking rent owed in the amount of $9,375. Tenants didn't dispute the amount owed but claimed that they didn't have to pay because the...

Nonpayment Petition Misstated Rent Due

April 25, 2025    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Before landlord started the case, the DHCR had issued a rent reduction order that included tenant in the list of affected tenants. Tenant asked...

Landlord Must Answer Pre-Trial Questioning on Tenant's Improper Deregulation Claim

April 25, 2025    

Landlord sued to evict unregulated tenant, who claimed in response that her apartment was improperly deregulated and that she had been overcharged. The parties stipulated without a court order that landlord would...

Court Strikes Many of Tenant's Procedural Defenses in Eviction Case

April 25, 2025    

Landlord sued to evict rent-stabilized tenant for breaching her lease by illegally subletting the apartment and/or renting it to short-term guests through Airbnb, after serving a seven-day termination notice....

Did Landlord Fraudulently Maintain Apartment Deregulation Post-Roberts?

April 25, 2025    

Current and former building tenants sued landlord, claiming improper deregulation and rent overcharge. The building had received J-51 tax benefits since 1986. Landlord had received an opinion letter from the DHCR in...