NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Illegally Evicted Tenant's Daughter After Tenant Died

December 21, 2020    

Tenant's adult daughter sued landlord, claiming illegal eviction. She claimed that she contacted landlord in early September 2020 and informed landlord that tenant had died and she wanted to clear up any back...

Court Issues Eviction Warrant Under DRP 213 for Pre-Pandemic Case

December 21, 2020    

Landlord sued to evict tenant for nonpayment of rent in October 2019. Landlord and tenant, represented by an attorney, signed a settlement agreement in December 2019. Tenant agreed to pay back rent due, and landlord...

Landlord Held Responsible for Tenant's Short-Term Rentals

December 21, 2020    

DOB issued two violations to landlord of a two-family dwelling for permitting its tenants to conduct short-term rentals of the premises. The NYC Office of Administrative Trials and Hearings (OATH) affirmed the...

Did Removal of Rain Mat Cause Slip-and-Fall on Stairs?

December 21, 2020    

Tenant sued landlord for negligence after she slipped and fell on marble steps leading to the building's vestibule. Landlord asked the court to dismiss the case without trial, claiming that it neither created nor...

New Trial Needed on Tenant's Slip-and-Fall Injury

December 21, 2020    

Tenant sued the City of New York and landlord Allen Affordable HDFC for damages resulting from personal injuries. Tenant slipped and fell on the wet interior stairs of the three-story apartment building. At the time...

Grandson of Nonpurchasing Co-op Tenant Gets Succession Rights

December 21, 2020    

Rent-stabilized tenant moved into the apartment in 1975. In 1984, tenant remained in the apartment when the building was converted to a non-eviction cooperative. When tenant died in 2008, the apartment owner gave...

Landlord Can't Raise Claim Again in Overcharge Case After Losing Eviction Case

December 21, 2020    

Landlord previously sued to evict unregulated tenants. Tenants claimed that they were rent stabilized. Landlord argued that, in 1999, prior landlord expanded a previously existing unit to create new apartment for...

Defective Rent Demand Resulted in Dismissal of Eviction Proceeding

December 21, 2020    

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of rent. The court granted tenant's request to dismiss the case, finding that landlord's rent demand didn't contain a good-...

Project-Based Section 8 Building Wasn't Subject to Rent Stabilization

December 21, 2020    

Landlord sued to evict project-based Section 8 tenant for violating her lease because she continually refused to supply information concerning her household composition and eligibility factors. Tenant claimed that...

Does Tenant Need to Keep Eight Dogs as a Reasonable Accommodation?

December 21, 2020    

Landlord cooperative corporation sued shareholder tenant for violating her proprietary lease by keeping eight dogs and two cats in her apartment. This created noise and odors that other residents complained about....

DHCR Won't Rule on Landlord's Application Without Landlord-Tenant Dispute

December 21, 2020    

During March 2018, while an apartment was vacant, landlord made various individual apartment improvements (IAIs) costing $57,000. Under the law in effect when the IAIs were completed, landlord was entitled to add a...

Landlord Not Responsible for Super's Abuse of Tenants' Child

December 14, 2020    

Tenants sued landlord and the building's management company for negligence after the building super molested their child. They claimed that hiring the super, who was a registered sex offender, was negligent....