NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Building Receiving RPTL Section 421-g Tax Benefits Subject to Rent Stabilization

August 19, 2017    

Building tenants sued landlord, claiming that they were rent stabilized due to Real Property Tax Law Section 421-g tax benefits received by landlord and/or a low-interest mortgage loan obtained under the Private...

Exemption From Rent Stabilization Ended When Mortgage Was Prepaid

August 19, 2017    

Building tenants sued landlord, claiming that they were subject to rent stabilization and had been overcharged. Landlord claimed that the building was exempt from rent stabilization due to other governmental...

Landlord Must Give Tenant Copies of Documents for Pretrial Questioning

August 19, 2017    

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord claimed that between 1999 and 2015, it had to commence 26 nonpayment proceedings against tenant, including at least one each...

Court Grants No Additional Time to Occupant to Vacate Low-Income Housing

August 15, 2017    

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out in 2016. Landlord and occupant settled the case in court. Occupant agreed to move out by May 31, 2017, and later the court granted...

Tenant Who Cared for Ailing Parents in Georgia Kept Apartment as Primary Residence

August 15, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and lost. The trial court fairly interpreted the evidence. Tenant's absence from the...

Tenant's Building Was Part of Rent-Stabilized Horizontal Multiple Dwelling

July 27, 2017    

Landlord sued to evict tenant, claiming that tenant's building was unregulated. Tenant claimed that the building was rent-stabilized because it was part of a horizontal multiple dwelling (HMD). The trial court...

Landlord Not Required to Accept Back Rent Payments

July 27, 2017    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court but later vacated the default judgment. Tenant then agreed to pay landlord $7,000 by...

Village Must Give Landlord Miranda Warning When Charging with Criminal Building Code Violations

July 20, 2017    

The Village of Westbury charged landlord of single-family home with criminal violation of 17 Building Code provisions involving construction, conversion, and renting without a permit, as well as electrical and...

Groton Nuisance Law Found Invalid by Court

July 20, 2017    

The Groton Village Board of Trustees passed the Property and Building Nuisance Law (Local Law No. 4 of 2014) to establish various methods by which a property could be identified as a public nuisance. The law included...

Tenant's Wife Gets Rent-Stabilized Apartment

July 20, 2017    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's wife since 2005 and had succession rights. Tenant himself had gotten succession rights in 2004...

Tenant Evicted on Default in Nonpayment Case Can't Be Restored to Possession

July 20, 2017    

Landlord sued to evict tenant for nonpayment of rent. Tenant failed to appear on the scheduled court date, and landlord obtained a default judgment of possession and money judgment for $2,541. After tenant was...

Disabled Granddaughter Gets Tenant's Rent-Stabilized Apartment

July 20, 2017    

Landlord sued to evict rent-stabilized tenant's granddaughter after tenant died. The granddaughter claimed succession rights. The trial court ruled against landlord, finding that the granddaughter was disabled...

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